| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 138 |
| Hearing date | 11 to 16 Feb 2016 (6 days) |
| Determination date | 03 May 2016 |
| Member | Tania Tetitaha |
| Representation | P Cranney ; R Harrison |
| Location | Auckland |
| Parties | Hay & Ors v Blind & Low Vision Education Network NZ |
| Other Parties | 8 others |
| Summary | ARREARS OF WAGES – Whether sleepovers constituted work under Minimum Wage Act 1983 (MWA) |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: During sleepovers applicants under significant restraints. During sleepover applicant responsible for health and safety of residents and assisting in emergencies. Respondent benefited from sleepovers by enabling assistance to night staff and ensuring compliance with legal obligations in running hostel. Applicants were working during period they participated in the sleepover roster, entitled to remuneration pursuant to MWA. 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 | Education (hostels) Regs 2005 r61(3);ERA s131;ERA s142;Minimum Wage Act 1983 s6;Minimum Wage Act 1983 s11;National Minimum Wage Regs 1999 r15(1);National Minimum Wage Regs 1999 r16 |
| Cases Cited | British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team) [2002] EWCA Civ 494;Esparon (trading as Middle West Residential Care Home) v Slavikovska [2014] ICR 1037 (EAT);Idea Services Ltd v Dickson [2009] ERNZ 116 (EmpC);Idea Services Ltd v Dickson [2011] NZCA 14, [2011] ERNZ 192;Landeshauptstadt Kiel v Jaeger (C-151/02) [2003] IRLR 804 (ECJ);Law v Board of Trustees of Woodford House [2014] NZEmpC 25, [2014] ERNZ 576;Shannon v Rampersad & Anor (t/a Clifton House Residential Home) (Working Time Regulations: Holiday pay) [2015] UKEAT 0050_15_2409 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_138.pdf [pdf 230 KB] |