| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 66 |
| Hearing date | 18 Feb 2014 |
| Determination date | 29 April 2014 |
| Member | C Hickey |
| Representation | N Mason ; P Shand (in person) |
| Location | Nelson |
| Parties | Hill v Shand |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Applicant provided with free accommodation on site - Whether applicant required to work continuously over peak holiday period - Whether applicant paid less than minimum wage - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant took money from camp accounts - Camp ground manager |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Applicant worked long hours during peak holiday season. Considerable constraints on applicant's freedom during evenings but applicant free to have guests visit, could carry on normal family life to large degree and no constraints on what applicant could watch on television. Applicant required to be relatively quiet and sober but restrictions not as great as in other cases decided by Employment Court. Applicant's privacy not compromised greatly as applicant had separate facilities away from campers. Applicant's responsibilities after final security check occasional but important. Applicant required to maintain constant vigilance even while asleep but campers not vulnerable people for whose physical and emotional welfare applicant had sole responsibility overnight. Some benefit to respondent in having applicant on site overnight but applicant's presence bonus rather than necessity of operating camp. Applicant did not work overnight during peak holiday season. Applicant paid less than minimum wage for hours worked. Respondent to pay applicant $69,561 arrears of wages.;UNJUSTIFIED DISMISSAL: No adequate investigation into whether applicant's wrongdoing responsible for camp's financial position and allegation of dishonesty not put squarely to applicant. Not one shred of evidence applicant dishonest. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $15,120 reimbursement of lost wages. $7,000 compensation appropriate. Leave reserved for respondent to apply for order allowing payment of money owed to applicant by instalments. |
| Result | Applications granted ; Arrears of wages ($69,561.25) ; Reimbursement of lost wages ($15,120) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s103;ERA s103A(3);ERA s124;ERA s128;ERA s128(2);ERA s130;ERA s131;ERA s131(1)(b);ERA s132 |
| Cases Cited | Idea Services Ltd v Dickson [2009] ERNZ 116;Idea Services Ltd v Dickson [2009] ERNZ 372;Idea Services Ltd v Dickson [2011] ERNZ 192 ; [2011] 2 NZLR 522;Law v Board of Trustees of Woodford House [2014] NZEmpC 25 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_66.pdf [pdf 264 KB] |