| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 20 |
| Hearing date | 27-Oct-16 |
| Determination date | 01 February 2017 |
| Member | H Doyle |
| Representation | L Wenborn ; K Singh, L Sami |
| Location | Christchurch |
| Parties | Dias v Logical Systems Ltd t/a Yoobee |
| Summary | RAISING PERSONAL GIREVANCE - Whether grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by failure to consult about reduction of salary - BREACH OF CONTRACT - Applicant claimed respondent breached employment agreement by reducing payments - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COUNTERCLAIM - RECOVERY OF MONIES – Respondent sought recovery of wages overpaid to applicant – ICT Technician |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Grievance not raised within 90 days.;UNJUSTIFIED DISADVANTAGE: Evidence that reduction was not without consultation. Financially better off than if had accepted alternative employment offer. No unjustified disadvantage.;BREACH OF CONTRACT: Reduction of salary to equate with hours worked consistent with agreement. No breach of contract.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent owed commission and holiday pay – Respondent to pay applicant $1,050 arrears of wages - Respondent to pay applicant $1,777 arrears of holiday pay. Interest payable. Leave reserved for applicant to return to Authority if commission payment shown in pay record was not paid.;COUNTERCLAIM - RECOVERY OF MONIES: Respondent agreed not to pursue reimbursement of overpayments - No recovery of monies. |
| Result | Applications granted (Arrears of wages and holiday pay) ; Arrears of wages ($1,050) ; Arrears of holiday pay ($1,777.60) ; Interest (5%) ; Applications dismissed (unjustified disadvantage) (breach of contract) (counterclaim – recovery of monies) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Judicature Act 1908 s87(3) ; ERA Second Schedule cl11 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_20.pdf [pdf 236 KB] |