| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 99 |
| Hearing date | 28 Feb 2014 |
| Determination date | 17 March 2014 |
| Member | J Crichton |
| Representation | G Harris ; W Sharpe |
| Location | Whangarei |
| Parties | Harris v White Cliffs Forests Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant employed as casual employee - When applicant became permanent employee - Respondent paid applicant's entitlements on pay as you go" basis - Labourer" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Parties believed employment relationship casual at commencement. Applicant worked regular pattern of hours over three year period. Absence of request for applicant to attend work on particular day or perform particular tasks indicated parties entered permanent employment relationship. Applicant had reasonable and legitimate expectation of continuing employment after initial period and respondent had obligation to provide work. Applicant became permanent employee after initial three month period and entitled to entitlements of permanent employment from this point. Respondent to pay applicant arrears of wages, quantum to be determined. Parties to agree terms of individual employment agreement. Leave reserved for parties to bring any unresolved matter before Authority. |
| Result | Application granted ; Arrears of wages (quantum to be determined) ; Orders made ; Costs reserved |
| Main Category | Arrears |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_99.pdf [pdf 150 KB] |