| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 395 |
| Hearing date | 25 Oct 2012 |
| Determination date | 13 November 2012 |
| Member | T G Tetitaha |
| Representation | S Carroll (in person) ; M Roberts |
| Location | Auckland |
| Parties | Carroll v Vince Roberts Appliance Warehouse Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Authority found grievances not raised within 90 days – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Respondent to pay applicant $10,275 arrears of holiday pay and $7,840 arrears of wages and holiday pay – Interest payable |
| Abstract | Applicant claimed unjustifiably disadvantaged by respondent reducing and cancelling credit card used by applicant and respondent reducing applicant’s work hours. Applicant claimed unjustifiably dismissed by respondent. Applicant sought arrears of wages and holiday pay. Respondent claimed grievances not raised within 90 days. Respondent reduced limit on credit card provided to applicant and subsequently cancelled card. Later that year applicant’s work hours reduced by one day. One year later applicant dismissed. Six months later applicant filed statement of problem raising grievances.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant’s grievances raised outside 90 day period and no application for leave to raise grievances out of time. Even if application for leave to raise grievances out of time, medical evidence regarding applicant sparse and inconclusive and not just to grant leave. Grievances not raised within 90 days.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent accepted applicant had not taken all of applicant’s annual holiday entitlements and had worked on statutory holidays without receiving time and a half or alternative holidays. Respondent to pay applicant $10,275 arrears of holiday pay and $7,840 arrears of wages and holiday pay. Interest payable. |
| Result | Application granted (arrears of wages and holiday pay); Arrears of holiday pay ($10,275.82); Arrears of wages and holiday pay ($7,840.53); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee); Application dismissed (raising personal grievance); No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s103;ERA s114;ERA s114(1);ERA s114(3);ERA s131;ERA s142;ERA Second Schedule cl11;ERA Second Schedule cl15;Holidays Act 2003;Holidays Act 2003 s8;Holidays Act 2003 s9A;Holidays Act 2003 s9A(2);Holidays Act 2003 s14(b)(ii) |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_395.pdf [pdf 215 KB] |