| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 67 |
| Hearing date | 18 Feb 2015 - 19 Feb 2015 (2 days) |
| Determination date | 21 July 2015 |
| Member | M Ryan |
| Representation | G Woolleston, S Bills ; B Buckett |
| Location | Wellington |
| Parties | Signal v Huntley School Board of Trustees |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant to be paid minimum wage when hours worked less than 40 per week - Boarding school matron |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES: Parties agreed applicant owed wages for “sleepover” portion of work but disputed hours worked. Applicant to be paid for hours worked during school plays, prize giving, sports events, pre-term preparations, first aid training, meal breaks, handovers and exeat Fridays. Applicant not to be paid for training days as no evidence matrons attend them. Applicant in “all other cases” category of wage entitlement, which provides weekly minimum wage until 1 April 2014 and minimum fortnightly wage afterwards. Applicant entitled to minimum weekly or fortnightly payment where hours worked less than 40 per week. Where applicant worked more than 40 hours per week, applicant entitled to minimum hourly payment. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Application granted ; Arrears of wages (quantum to be determined) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s69ZD(3);ERA s132;ERA s143;Minimum Wage Act 1983 |
| Cases Cited | Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522; Law v Board of Trustees of Woodford House [2014] NZEmpC 25, (2014) 11 NZELR 355;Rainbow Falls Organic Farm Ltd v Rockwell [2014] NZEmpC 136 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Wellington_67.pdf [pdf 263 KB] |