| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 126 |
| Determination date | 19 August 2014 |
| Member | D Appleton |
| Representation | R M Thompson ; P McBride |
| Parties | Ali v Abhisek Quality Foods Ltd |
| Summary | DISPUTE - Parties disputed whether applicant's annual remuneration covered all work performed by applicant - Employment agreement (EA") provided hours worked above normal hours to be paid at applicant's usual wage rate - Migrant worker - Tandoori / curry chef" |
| Abstract | AUTHORITY FOUND -;DISPUTE: Letter from Immigration New Zealand received by applicant but only permitted respondent to employ two tandoori / curry chefs without dictating terms of employment apart from minimum criteria. EA provided for maximum number of hours per week constituting applicant's normal hours. Hours worked per week above 42 to be considered overtime. Applying annual salary to phrase usual wage rate" in EA not inconsistent with term "usual wage rate". Applicant's annual remuneration intended to cover all work performed by applicant, including work expressed to be overtime work. Question answered in favour of respondent. Authority noted payment of 8 per cent holiday pay with applicant's remuneration appeared to be breach of Holidays Act 2003 as no compliant fixed term employment agreement." |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s66;Holidays Act 2003;Holidays Act 2003 s16;Holidays Act 2003 s28;Holidays Act 2003 s71;Minimum Wage Act 1983;Minimum Wage Act 1983 s11B;Minimum Wage Act 1983 s11B(1);Minimum Wage Act 1983 s11B(2) |
| Cases Cited | Assoc of Staff in Tertiary Education Inc: Aste Te Hau Takitini O Aotearoa v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Idea Services Ltd v Dickson [2009] ERNZ 372;Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896;Law v Board of Trustees of Woodford House [2014] NZEmpC 25;Progressive Meats Ltd v Pohio [2012] NZEmpC 103;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Christchurch_126.pdf [pdf 276 KB] |