| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 445 |
| Hearing date | 6 Aug 2013 |
| Determination date | 27 September 2013 |
| Member | R Larmer |
| Representation | G Keen ; Respondent in person |
| Location | Auckland |
| Parties | Brett v North Shore Security Company Ltd |
| Summary | BREACH OF CONTRACT – Applicant sought compensation for respondent’s failure to provide full time work - Applicant casual employee – Whether applicant offered full time employment – Applicant suffered injury which required time off work – Whether respondent reduced applicant’s hours – Applicant subsequently accepted permanent full time role - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant entitled to alternative holidays for public holidays worked - Applicant sought payment for travel time – Applicant required to uplift and return keys to site at start and end of shift - GOOD FAITH – PENALTY – Applicant sought penalty for respondent’s breach of good faith - Applicant claimed respondent breached good faith by punishing applicant for injury, allocating shifts to applicant last and bullying and intimidating applicant – Security guard |
| Abstract | AUTHORITY FOUND –;BREACH OF CONTRACT: Likely respondent would have recorded change to applicant’s employment status. Applicant not put on roster. Applicant not credible witness. Applicant remained casual employee until permanent role accepted. No breach of contract.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant did not have normal working days. No entitlement to alternative holidays while casual employee. Applicant entitled to alternative day holiday for days worked while permanent employee. Applicant entitled to payment for travel time. Authority calculated appropriate travel time as travel time claimed by applicant excessive and unreasonable. No arrears of holiday pay. Respondent to pay applicant $1,114 arrears of wages. Respondent to pay applicant arrears of holiday pay, quantum to be determined.;GOOD FAITH - PENALTY: Acting consistently with casual arrangement not punishment. No evidence applicant last employee allocated shifts. Respondent did not indicate bullying or intimidatory behaviour acceptable. Parties can improve communication. No breach of good faith. No penalty. |
| Result | Application granted (arrears of wages) ; Arrears of wages ($1,114.99) ; Application partially granted (arrears of holiday pay); Arrears of holiday pay (quantum to be determined); Applications dismissed (breach of contract)(good faith - penalty) ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | Holidays Act 2003 s56(1) |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_445.pdf [pdf 238 KB] |