| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 259 |
| Hearing date | 18 Sep 2013 - 19 Sep 2013 |
| Determination date | 19 December 2013 |
| Member | M B Loftus |
| Representation | J Kilkelly ; L Brook |
| Location | Dunedin |
| Parties | Hellier v Cedar Motor Lodge Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - PENALTY - Applicant sought arrears of wages and arrears of holiday pay - Applicant sought penalty for respondent's breach of the Minimum Wage Act 1983 - Parties in domestic relationship during employment relationship - Whether on-call hours should be paid - Whether payment under relationship property agreement remuneration for employment - Whether allowance should be made for provision of accommodation - RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant claimed emotional condition effected ability to seek advice - Applicant claimed inadequately advised |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY - PENALTY: Time outside normal working hours not payable. Applicant lived on site due to personal relationship therefore sleepover wages not appropriate. Payment under relationship property agreement formed part of employment package. No allowance for provision of accommodation. Applicant worked 14 and a half hours per day. Likely applicant paid required amount under Minimum Wage Act 1983. Leave reserved for parties to return to Authority if unable to agree on Authority's conclusion. No arrears of wages. No penalty. Likely applicant received pay for annual leave but not paid appropriately for statutory holidays. Respondent to pay applicant arrears of holiday pay, quantum to be determined.;RAISING PERSONAL GRIEVANCE: Applicant in no position to address grievance in initial 90 days but grievance not raised for further four years. Application denied due to extreme delay and maximum permissible period of three years. Leave to raise grievance out of time declined. |
| Result | Application partially granted (arrears of holiday pay); Arrears of holiday pay (quantum to be determined); Applications dismissed (arrears of wages)(penalty)(raising personal grievance); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s114 - ERA s114(3) - ERA s115 - ERA s132 - Holidays Act 2003 - Holidays Act 2003 s27 - Holidays Act 2003 s50 - Holidays Act 2003 s51 - Limitation Act 2010 - Minimum Wage Act 1983 - |
| Cases Cited | Creedy v Commissioner of Police [2008] ERNZ 109 ; [2008] 3 NZLR 7;Drake Personnel (New Zealand) Ltd v Taylor [1996] 1 ERNZ 324 ; [1996] 2 NZLR 644;Idea Services Ltd v Dickson [2011] ERNZ 192 ; [2011] 2 NZLR 522 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_259.pdf [pdf 181 KB] |