| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 57 |
| Hearing date | 2 Dec 2014 |
| Determination date | 08 May 2015 |
| Member | M B Loftus |
| Representation | P Churchman QC ; D Lester |
| Location | Oamaru |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Lean Meats Oamaru Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant's members paid for rest breaks appropriately - Rest and meal breaks |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Respondent's practices did not alter despite new legislative requirement to provide employees with paid rest breaks. Evidence did not support conclusion that increases in hourly rates following collective bargaining were intended to compensate employees for loss of paid breaks. Applicant's employees entitled to payment for rest and meal breaks. Allowance paid by respondent inadequate. No evidence to support conclusion respondent agreed to increased remuneration for employees based on mistake. Applicant's members entitled to overtime for time spent working in order to complete the ordinary day due to rest breaks not being paid. Respondent to pay applicant arrears of wages, quantum to be determined. Leave reserved for parties to return to Authority if unable to determine quantum. |
| Result | Application granted ; Arrears of wages (quantum to be determined) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 s6;ERA;ERA s69ZD;ERA s69ZD(3);ERA s162 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Christchurch_57.pdf [pdf 99 KB] |