| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 128 |
| Hearing date | 10 Dec 2014 |
| Determination date | 08 May 2015 |
| Member | J Crichton |
| Representation | S Clews ; H Tucker |
| Location | Opotiki |
| Parties | Parkinson v Opotiki Rose Garden Preschool Community Trust Inc. |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Whether collective employment agreement (“CEA”) gave applicant pay increase - Whether parties agreed to increase applicant’s pay – Preschool manager |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES: CEA did not give applicant entitlement to increase remuneration as relevant clause only applied to teaching staff. Applicant applied teachers’ pay increase to own pay rather than negotiate pay increase as required by CEA. No evidence that respondent agreed to applicant’s pay increase. Applicant grossly overpaid own pay, including holiday pay, for years. No arrears of wages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ECA |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_128.pdf [pdf 158 KB] |