| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 100 |
| Determination date | 06 September 2012 |
| Member | M Ryan |
| Representation | T Oldfield ; E Coates |
| Location | Wellington |
| Parties | Faitala & ANor v Terranova Homes & Care Ltd |
| Other Parties | Goff |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found important question of law likely to arise – Matter removed to EC – Caregivers |
| Abstract | Applicants employed by respondent as caregivers. Applicants sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise. Applicants paid minimum wage and members of KiwiSaver scheme. First applicant’s employment agreement stated wages inclusive of respondent’s KiwiSaver contribution. Applicants claimed respondents had breached s6 Minimum Wage Act 1983. Respondent claimed total remuneration approach permitted under s101B(4) KiwiSaver Act 2006.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Relationship between s6 Minimum Wage Act 1983 and s101B(4) KiwiSaver Act 2006 not yet determined. Important question of law likely to arise. Matter of general importance as relevant to all employment relationships where employee member of KiwiSaver scheme. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s159;ERA s188(2);ERA s178(2);ERA s178(2)(a);KiwiSaver Act 2006 s101B(4);KiwiSaver Act 2006 s101B(4)(a);KiwiSaver Act 2006 s101B(4)(b);Minimum Wages Act 1983 s6 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_100.pdf [pdf 152 KB] |