| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 89/03 |
| Hearing date | 31 Jan 2003 |
| Determination date | 02 April 2003 |
| Member | K J Anderson |
| Representation | L Foley ; A Russell |
| Location | Auckland |
| Parties | Spence v Department of Corrections |
| Summary | ARREARS OF WAGES - Alleged non-payment of days in lieu accrued - Sought to claim for days in lieu owed but not taken - Individual agreement recognised right to accrue hours of overtime - Overtime was to be taken as days in lieu - Alleged no opportunity to take days off before employment ended - Obligation upon applicant to take days - Respondent breached Minimum Wage Act 1983 by failing to record applicant's hours worked - Sufficient opportunity to take days in lieu during employment - Entitlement did not remain after employment ended - Arrears claim not established - COSTS - Breach of Minimum Wage Act 1983 by respondent meant costs should lie where they fall - Prison farm supervisor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl5;Minimum Wage Act 1983 s8A |
| Cases Cited | NZ Clerical Workers Union v NZ Equity and Entertainment Union Inc [1991] 2 ERNZ 922 |
| Number of Pages | 6 |
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