| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 49 |
| Hearing date | 6 & 7 July 2015 (2 days) |
| Determination date | 22 April 2016 |
| Member | Michael Loftus |
| Representation | P Cranney ; R Harrison |
| Location | Palmerston North |
| Parties | Fairweather & Ors v Hato Paora Trust Board |
| Other Parties | Adrian Firmin and seven others |
| Summary | ARREARS OF WAGES – Applicants sought arrears of wages – Sleepovers – Hostel parents |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES: Applicants engaged to be available to respond to problems if needed. Considerable constraints placed on applicants when rostered. Duties important to respondent as students could not be left alone. Respondent could not function without hostel parents to oversee students. Applicants engaged in work when performing sleepovers. Respondent to pay applicants arrears of wages, quantum to be determined. |
| Result | Application granted ; Arrears of wages (quantum to be determined) ; No order for costs |
| Main Category | Arrears |
| Statutes | Minimum Wage Act 1983 s6 |
| Cases Cited | Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522;Case C-151/02 Landeshauptstadt Kiel v Jaeger [2003] ECR I-08389;Law v Board of Trustees of Woodford House [2014] NZEmpC 25, [2014] ERNZ 576 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Wellington_49.pdf [pdf 100 KB] |