| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 107 |
| Determination date | 24 September 2012 |
| Member | T MacKinnon |
| Representation | M Braithwaite ; K Sagaga |
| Location | Wellington |
| Parties | McLees v The Commissioner of Police |
| Summary | ARREARS OF WAGES AND RECOVERY OF MONIES – Applicant sought arrears of wages and recovery of monies – Authority found applicant’s first and second period of employment did not amount to continuous employment however first period of employment could be recognised for distinct entitlement purposes - Found respondent correctly calculated applicant’s severance payment – Found applicant entitled to eight weeks’ long service leave less deduction for retiring leave applicant previously received – Found applicant had negative entitlement to long service leave – Found applicant correctly paid severance payment and no outstanding entitlement to long service leave - Application dismissed |
| Abstract | Applicant claimed respondent underpaid applicant’s severance compensation and long service leave when employment terminated. Respondent denied money outstanding. Applicant previously employed by respondent for ten years (“first period”) as constable. Applicant later commenced temporary employment with respondent on temporary contract before employed as permanent non-sworn employee (“second period”). Applicant later opted for redundancy after respondent restructure. Parties’ employment agreement (“EA”) stated applicant’s severance payment determined based on whether applicant employee prior to particular dates. Applicant claimed when determining severance payment applicant’s employment during first and second periods amounted to continuous employment. Respondent claimed for purposes of severance calculations, applicant’s employment commenced at beginning of second period and when first period terminated applicant had already received retirement payment. Applicant claimed previously granted four weeks’ long service leave and therefore entitled to further long service leave before employment terminated. Respondent claimed applicant erroneously granted four weeks’ leave and long service leave entitlement subject to deduction for retiring leave applicant previously received when first period terminated.;AUTHORITY FOUND –;ARREARS OF WAGES AND RECOVERY OF MONIES: Applicant’s first and second periods of employment did not amount to continuous employment rather employment with respondent made up of two distinct periods of employment. Applicant entitled to have first period of employment recognised for distinct entitlement purposes however did not change date applicant’s employment commenced. Respondent correctly calculated applicant’s severance payment. Applicant’s first period of employment could be included when respondent determined applicant’s entitlement to long service leave however entitlement subject to leave already taken. Applicant entitled to eight weeks’ long service leave less deduction for retiring leave applicant previously received. Applicant had negative entitlement to long service leave. Applicant correctly paid severance payment and no outstanding entitlement to long service leave. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | Police Act 1958 s28D |
| Number of Pages | 12 |
| PDF File Link: | 2012_NZERA_Wellington_107.pdf [pdf 206 KB] |