| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 154 |
| Hearing date | 23 Jan 2014 |
| Determination date | 24 April 2014 |
| Member | R A Monaghan |
| Representation | N Geiger ; S Cooray |
| Parties | Courtney v SS Cooray & Sons ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant required to draw on additional experience and expertise as senior florist - Payment at higher rate when working at wedding or event - Whether applicant required to train and supervise junior employees and co-ordinate workloads - RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Florist |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Assistance given by applicant to colleagues did not mean applicant required to work for wedding or event and, even if applicant qualified for higher pay rate through such activities, applicant not engaged in such work over whole period of employment. Not open to applicant to claim payment at higher rate generally in face of clear and unambiguous terms of employment agreement. Applicant's activities amounted to performance of all other reasonable duties" in employment agreement and did not exceed scope of applicant's job description. No arrears of wages.;RAISING PERSONAL GRIEVANCE: Lack of clarity in statement of problem as to asserted grievance. Grievance not raised within 90 days. No exceptional circumstances. Leave to raise grievance out of time declined." |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s103;ERA s114;ERA s114(4) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_154.pdf [pdf 187 KB] |