| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 51 |
| Determination date | 13 May 2013 |
| Member | G J Wood |
| Representation | G Floares (in person) ; A Pazin |
| Location | Wellington |
| Parties | Floares v Kiwi Rail Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – ARREARS OF WAGES – Applicant claimed unjustifiably disadvantaged by respondent’s failure to backdate superannuation contributions – Alternatively, applicant sought backdated superannuation contributions as arrears of wages – Applicant withdrew from scheme – Applicant re-joined scheme – Applicant sought backdated employer contributions – Engineer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – ARREARS OF WAGES: Backdating not a term and condition of applicant’s employment. No disparity of treatment with other employees. Respondent entitled to revoke backdating policy. Respondent entitled to exercise discretion as to whether to make exception. No unjustified disadvantage. No arrears of wages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Wellington_51.pdf [pdf 94 KB] |