| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 255 |
| Hearing date | 12 Jun 2014 |
| Determination date | 23 June 2014 |
| Member | E Robinson |
| Representation | T Darby ; A Drake |
| Location | Auckland |
| Parties | Sisifa v Big Black Sacks New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by non allocation of work - Applicant claimed amount of work reduced after complaint about reduction in piece-rate - English as second language - ARREARS OF WAGES - Applicant sought arrears of wages - Whether piece-rate below minimum wage - Applicant signed form confirming number of boxes able to complete per hour - Whether applicant understood form - Outworker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: No obligation to provide piece-rate outwork but outwork available at designated times. Applicant failed to attend designated time. No unjustified disadvantaged.;ARREARS OF WAGES: Following complaint from applicant Labour Inspector confirmed no breach of minimum wage from temporary reduction in piece-rate. Respondent entitled to accept signed forms as confirmation applicant could roll 2.6 boxes per hour. Piece-rate not below minimum wage. No arrears of wages. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003;Minimum Wage Act 1983 |
| Cases Cited | Whitcombe & Tombs Ltd v Taylor (1908) 27 NZLR 237 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_255.pdf [pdf 205 KB] |