| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 472 |
| Hearing date | 3 Sep 2012, 27-28 Feb 2013 (3 days) |
| Determination date | 15 October 2013 |
| Member | A Dumbleton |
| Representation | A Drake, R Childs ; J Douglas |
| Parties | Alim aka Nisha v LSG Sky Chefs New Zealand Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Applicant transferred from previous employment - Applicant claimed supervisor" in previous employment and pay rates should be same under new employment - Previous employer inflated information provided to respondent - Whether changes made by previous employer were such that respondent required to regard altered information as terms of applicant's employment - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondents actions and unjustifiably dismissed by respondent - Respondent investigated whether pay entitlements bona fide terms of employment consented to by applicant prior to transfer - PENALTY - Applicant sought penalty for respondent's breach of Employment Relations Act 2000" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Appropriate for respondent to consider applicant's situation in context. Respondent had to establish real terms of employment. Applicant transferred to respondent in position of catering assistant" not "supervisor". Applicant paid at higher rate than ordinary. No reduction in pay overall. Many claims not made out. No arrears of wages.; UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Employment did not end at initiative of respondent. No dismissal. Appropriate to make interim arrangements when considering pay entitlements. Applicant paid more during interim than would in actual role. No unjustified disadvantage.;PENALTY: No breach. No penalty." |
| Result | Applications dismissed; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA - ERA s69I - ERA s135 - ERA s160(3) - ERA Part 6A |
| Cases Cited | LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd [2012] NZHC 2810;Matsuoka v LSG Sky Chefs New Zealand Ltd [2013] NZEmpC 96;Pacific Flight Catering Ltd v LSG Sky Chefs New Zealand Ltd [2013] NZCA 386 |
| Number of Pages | 24 |
| PDF File Link: | 2013_NZERA_Auckland_472.pdf [pdf 997 KB] |