| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 116 |
| Hearing date | 18-May-16 |
| Determination date | 18 July 2016 |
| Member | Peter van Keulen |
| Representation | J Everist ; JW Howell |
| Location | Timaru |
| Parties | Cabig v Waitohi Dairy Ltd |
| Summary | DISPUTE - Parties disputed whether agreement to provide additional benefits - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s misleading behaviour during negotiation for employment agreement and respondent’s failure to provide additional benefits - ARREARS OF WAGES - Applicant sought arrears of wages - Whether respondent failed to pay minimum wage |
| Abstract | AUTHORITY FOUND -DISPUTE: Parties discussed meal allowance and this reflected in salary increase. Insufficient evidence to show parties agreed to production bonus and airfare benefits. Terms too uncertain to enforce. No agreement to provide additional benefits. Question answered in favour of respondent.UNJUSTIFIED DISADVANTAGE: No agreement to provide additional benefits. Respondent did not lead applicant to believe he was entitled to benefits. No unjustified disadvantage.ARREARS OF WAGES: In absence of wage and time records, entitled to rely on applicant’s records. Applicant’s records reasonably contemporaneous. According to records applicant paid under minimum wage. Respondent to pay applicant $2,493 arrears of wages. |
| Result | Question answered in favour of respondent ; Application granted (Arrears of wages) ; Arrears of wages ($2,493.43) ; Application dismissed (Unjustified disadvantage) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s132 - Minimum Wage Act 1983 |
| Cases Cited | Gunning v Bankrupt Vehicle Sales and Finance Ltd [2013] NZEmpC 212, (2013) 11 NZELR 240;Law v Board of Trustees of Woodford House [2014] NZEmpC 25, [2014] ERNZ 576;O'Shea v Pekanga O Te Awa Farms Ltd [2016] NZEmpC 19, [2016] ERNZ 94 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_116.pdf [pdf 236 KB] |