| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 8 |
| Determination date | 17 January 2013 |
| Member | M Ryan |
| Representation | S Hornsby-Geluk, B Scotland ; G Ballera |
| Location | Wellington |
| Parties | Offshore Marine Services (NZ) Ltd v Udovenko |
| Summary | DISPUTE - Parties disputed applicant's obligation under collective employment agreement in regards to pay during suspension - Applicant sought declaration respondent correctly paid and no arrears owing - Whether paid time off could be used to facilitate other remuneration payments - Offshore and onshore pay - COUNTERCLAIM - ARREARS OF WAGES - Respondent sought arrears of wages - Chief mate |
| Abstract | AUTHORITY FOUND -;DISPUTE: No provision in collective employment agreement respondent must be paid on suspension. Applicant fair and reasonable to pay respondent onshore pay but no additional suspension pay. Questions answered in favour of applicant.;COUNTERCLAIM - ARREARS OF WAGES: No arrears of wages. |
| Result | Questions answered in favour of applicant; Application dismissed (counterclaim - arrears of wages); Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | New Zealand Air Line Pilots' Association Inc v Air Nelson Ltd (2010) 8 NZELR 1;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444;Tawhiwhirangi v Attorney- General unreported, Goddard CJ, 3 March 1998, WEC8/98 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_8.pdf [pdf 345 KB] |