| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 344 |
| Hearing date | 24 Jul 2013 |
| Determination date | 07 August 2013 |
| Member | K J Anderson |
| Representation | M Moncur ; J Song |
| Location | Auckland |
| Parties | Yu v Da Hua Supermarket Central Ltd t/a Da Hua Supermarket |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant given work trial – Respondent did not contact applicant about further work – Applicant called respondent – Respondent claimed existing staff required further hours – Applicant given no further work – UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s underpayment - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay – Whether applicant paid less than minimum wage – Applicant paid cash - PENALTY – Applicant sought penalty for breach of Minimum Wage Act 1983 – Migrant worker – Checkout operator |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant’s evidence preferred. No discernible pattern to days worked. Applicant casual employee.;UNJUSTIFIED DISMISSAL: Probable applicant told no further casual work for two weeks. Applicant did not enquire about further work opportunities. No dismissal.;UNJUSTIFIED DISADVANTAGE: Applicant disadvantaged by underpayment of wages. No remedies ordered as no evidence of effect.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant paid below minimum wage. Respondent to pay applicant: $459 arrears of wages and $67 arrears of holiday pay.;PENALTY: Respondent breached Minimum Wage Act. Action must be brought by labour inspector. No penalty |
| Result | Applications dismissed (unjustified dismissal)(penalty) ; Applications granted (jurisdiction)(unjustified disadvantage)(arrears of wages and holiday pay); Arrears of wages ($459) ; Arrears of holiday pay ($67.48) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s161(1)(m) - Holidays Act 2003 - Holidays Act 2003 s25 - Minimum Wage Act 1983 - Minimum Wage Act 1983 s10 - Wages Protection Act 1983 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_344.pdf [pdf 150 KB] |