| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 106 |
| Hearing date | 5 Jul 2013 |
| Determination date | 02 September 2013 |
| Member | M Ryan |
| Representation | P Whyte (in person ; KFeeney |
| Parties | Whyte v Feeney, Labour Inspector for the Ministry of Business, Innovation and Employment |
| Summary | PRACTICE AND PROCEDURE – COMPLIANCE ORDER – Applicant objected to demand notice requiring payment of wages to former employee – Complaint to Labour Inspector regarding rate of pay – Whether employee paid in accordance with Minimum Wage Act 1983 – Whether applicant entitled to deduct payments made above minimum wage from final payments due to employee – Farm assistant |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE – COMPLIANCE ORDER: Employment agreement provided employee’s entitlement to minimum wage to be measured weekly. Payment of salary could not be used to avoid minimum wage rates and avoid payment for weeks where employee’s hours of work of duration that payment below minimum rate. Employee paid below minimum wage in certain weeks and employee owed wages set out in demand notice. Minimum Wage Act 1983 did not usurp contractual agreement between employer and employee beyond issuing minimum entitlements. No provision in employment agreement allowing salary payments to be reduced according to lack of work. No debt owed to applicant allowing applicant to make deduction from employee’s wages. Objection to demand notice dismissed. Compliance with demand notice ordered. |
| Result | Application dismissed ; Compliance ordered ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s137;ERA s223(1);ERA s224(1);ERA s225;ERA s226;ERA s229;Holidays Act 2003 s81;Minimum Wage Act 1983;Minimum Wage Act 1983 s4;Minimum Wage Act 1983 s6;Minimum Wage Order 2010;Minimum Wage Order 2011;Minimum Wage Order 2012 |
| Cases Cited | Idea Services Ltd v Dickson [2009] ERNZ 372;Idea Services Ltd v Dickson [2011] ERNZ 192 ; [2011] 2 NZLR 522 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Wellington_106.pdf [pdf 228 KB] |