| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 200 |
| Hearing date | 2-Aug-16 |
| Determination date | 04 November 2016 |
| Member | P van Keulen |
| Representation | K Dunn ; G Kelly |
| Location | Christchurch |
| Parties | Smiths City Group Ltd v Labour Inspector |
| Summary | PRACTICE AND PROCEDURE - Applicant objected to respondent’s improvement notice requiring applicant to pay minimum wage and keep accurate wage and time records - Whether morning meetings conducted 15 minutes before store opened constitutes work for purposes of Minimum Wage Act 1983 |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Some constraint on employee during morning meeting but no obligation to participate. In most cases employees do not have responsibility during morning meeting. Some benefit to employer as morning meetings may increase sales. Factual analysis varies from store to store. Morning meetings constitute work for some employees in some stores but unlikely to be work for many others. Cannot determine whether morning meetings constitute work as a rule. Specific evidence required to ascertain whether breach of Minimum Wage Act in relation to specific employees. Unable to determine if respondent failed to comply with improvement notice. Objection to improvement notice granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s223E - ERA s223E(3) - Minimum Wage Act 1983 s6 - Minimum Wage Act 1983 s8A - Minimum Wage Act 1983 s8A(1) - Minimum Wage Act 1983 s8A(3) - Minimum Wage Act Amendment Act 2006 s5 |
| Cases Cited | Gunning v Bankrupt Vehicle Sales and Finance Ltd [2013] NZEmpC 212, (2013) 11 NZELR 240;Idea Services Ltd v Dickson [2011] NZCA 14, [2011] ERNZ 192;Law v Board of Trustees of Woodford House [2014] NZEmpC 25, [2014] ERNZ 576 |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Christchurch_200.pdf [pdf 142 KB] |