| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 96 |
| Hearing date | 18 Apr 2013 |
| Determination date | 31 May 2013 |
| Member | H Doyle |
| Representation | J Cantwell (in person) ; R Brazil |
| Location | Dunedin |
| Parties | Cantwell v United Taxis Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Applicant contacted mediation services seeking mediation – Respondent contacted by mediation services – Respondent unclear what grievance about – Applicant unable to make contact with respondent due to Police bail bond – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant properly accounted for takings – Whether applicant entitled to withhold takings – Whether pay arrangement breached Minimum Wage Act 1983 – Taxi driver |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant had no further contact with respondent following termination of employment. Respondent being asked to attend mediation insufficient to raise grievance. Statement of problem served outside 90 day period. Grievance not raised within 90 days. Delay occasioned by bail condition. Exceptional circumstance. Unlikely claim of unjustified disadvantage would succeed. Applicant aware why employment agreement not provided. Applicant took matters into own hands. No evidence of actual dismissal. More likely applicant abandoned employment. Not just to allow applicant to pursue grievances unlikely to succeed. Leave to raise grievance out of time declined.;ARREARS OF WAGES AND HOLIDAY PAY: Monies withheld by applicant not properly accounted for to respondent. Respondent did not have fair opportunity to properly calculate what was owing to applicant. Respondent would have topped up takings if below minimum wage. No intention to breach Minimum Wage Act 1983. Respondent to pay applicant $229 arrears of wages and $68 arrears of holiday pay. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($229.64) ; Arrears of holiday pay ($68.31) ; Application dismissed (raising personal grievance) ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4;ERA s4(1);ERA s4(4)(ba);ERA s4A;ERA s63;ERA s63A;ERA s114(3);ERA s114(4);Minimum Wage Act 1983 |
| Cases Cited | McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) (2005) 2 NZELR 402;Melville v Air New Zealand Ltd (2011) 9 NZELC 93,700 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_96.pdf [pdf 140 KB] |