| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 203 |
| Hearing date | 6 Jul 2015 |
| Determination date | 08 July 2015 |
| Member | R Arthur |
| Representation | B Blanchard (in person) ; D Erickson |
| Location | Auckland |
| Parties | Blanchard v Alto Packing Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to properly investigate applicant’s arrears concerns, disclosure of personal information and breach of trust and confidence - ARREARS OF WAGES – Applicant sought arrears of wages |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Respondent had problems with accuracy of payments made to applicant. Applicant actually overpaid wages. Respondent thoroughly investigated applicant’s concerns about pay and resolved issues. Respondent used applicant’s personal information to establish applicant’s eligibility to withdraw superannuation funds. Respondent’s use of information entirely proper in situation. Insufficient evidence that other employee threatened to end applicant’s employment. Insufficient evidence to prove that applicant’s health issues caused by respondent’s actions or failures. Applicant should have raised concerns about alleged interferences with work with managers, HR or union but failed to do so. No breach of trust and confidence or fair dealing. No unjustified disadvantage.;ARREARS OF WAGES: Respondent remedied all underpayments of wages. Applicant overpaid overall but respondent did not indicate wish to recover overpayments. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174B;ERA s174E |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_203.pdf [pdf 310 KB] |