| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 53 |
| Hearing date | 2-May-17 |
| Determination date | 28 June 2017 |
| Member | T MacKinnon |
| Representation | R Ward ; S Smith |
| Location | Palmerston North |
| Parties | Lowe v Kids Republic Playland Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s actions - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, holiday pay and KiwiSaver - PENALTY - GOOD FAITH - Applicant sought penalty for respondent’s various breaches of employment agreement and good faith - Childcare Worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: No evidence respondent threatened applicant with trespass notice. Applicant disadvantaged when accused of misconduct in public reception area and when applicant followed around as she prepared to leave workplace. REMEDIES: No contributory conduct. $3,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to make KiwiSaver employer contribution payments. Applicant owed wage, bonus and holiday pay arrears. Respondent to pay applicant $415 and $33 holiday pay arrears.;PENALTY - GOOD FAITH: Employment agreement required pay review. Discussion over applicant’s pay occurred at appointed time. No breach of contract regarding pay review. Evidence did not support claim that respondent failed to provide safe and healthy workplace. Respondent breached employment agreement and good faith by failing to pay termination pay, KiwiSaver contributions and bonus pay, and by altering applicant’s time sheet. $5,000 penalty appropriate. |
| Result | Applications granted ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($415) ; Arrears of holiday pay ($33.20) ; Penalty ($2,500)(applicant)($2,500)(crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1) ; ERA s124 ; ERA s133A ; ERA s134 ; Holidays Act 2003 s14(a)(iv) |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC, (2016) 10 NZELC 79-072;Lumsden v Skycity Management Ltd [2017] NZEmpC 30, (2017) 14 NZELR 546 |
| Number of Pages | 21 |
| PDF File Link: | 2017_NZERA_Wellington_53.pdf [pdf 169 KB] |