| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 109 |
| Hearing date | 23 Feb 2015 |
| Determination date | 14 April 2015 |
| Member | TG Tetitaha |
| Representation | D Flaws ; D Takitimu |
| Location | Auckland |
| Parties | Smith-Hughes v Te Whanau O Hato Petera Trust |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether employment agreement (“EA”) contained clause allowing applicant to determine amount of overtime and amount of pay for overtime - Whether applicant reasonably required by respondent or requirements of job to do overtime - Kaiarataki-programme leader |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: EA contained clause stating respondent could reasonably require applicant to do overtime, but did not allow applicant to decide amount of overtime or level of pay for overtime. Respondent had not asked applicant to do overtime and had told applicant pre-approval needed for overtime. Respondent had not required applicant to do overtime for disputed hours. Applicant did unnecessary duties and took excessive time to do required duties. Not reasonably necessary for applicant to do overtime to properly perform duties. No arrears of wages. Respondent accepted holiday pay owed to applicant. Respondent to pay applicant $523 arrears of holiday pay. |
| Result | Application partially granted ; Arrears of holiday pay ($523.66) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s131;Holidays Act 2003 s 9 |
| Cases Cited | Attorney-General of Belize v Belize Telecom Ltd [2009] UKPC 10, [2009] 1WLR 1988;BP Refinery (Westenport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 (PC);Dysart Timbers Ltd v Nielsen [2009] NZSC 43, [2009] 5 NZLR 160;Gibbston Downs Wines Ltd v Perpetual Trust Ltd [2013] NZCA 506, [2014] NZCCLR 6 ;;Vector Gas v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444;White v Reserve Bank of New Zealand [2013] NZCA 663, [2013] ERNZ 367 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_109.pdf [pdf 279 KB] |