| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 58 |
| Hearing date | 3-May-17 |
| Determination date | 12 July 2017 |
| Member | T MacKinnon |
| Representation | R Ward ; S Smith |
| Location | Palmerston North |
| Parties | Murphy-Fukofuka v Kids Republic Playland Ltd |
| Summary | UNJUSITIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s actions - ARREARS OF WAGES - Applicant sought arrears of wages - PENALTY - Applicant sought penalty for respondent’s breach of good faith and employment agreement |
| Abstract | AUTHORITY FOUND -;UNJUSITIFIED DISADVANTAGE: Matters raised relate to events that took place more than two months after employment terminated. No unjustified disadvantage.;ARREARS OF WAGES: Wages owing subsequently paid. No arrears of wages.;PENALTY: Respondent breached statutory and contractual obligations of good faith by failing to provide applicant wage and time records, and holiday and leave records on request. Breach deprived applicant of wages for period of twelve months. Respondent’s belated payment of wages mitigated harm to some extent. $2,000 penalty appropriate. |
| Result | Application granted (penalty) ; Penalty ($1,000)(crown) ($1,000)(applicant) ; Applications dismissed (unjustified disadvantage) (arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s3 ; ERA s4 ; ERA s103(1)(b) ; ERA s130(2) ; ERA s133A ; Wages Protection Act 1983 s4 |
| Cases Cited | Lowe v Kids Republic Playland Ltd [2017] NZERA Wellington 53;Lumsden v Skycity Management Ltd [2017] NZEmpC 30, (2017) 14 NZELR 546 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Wellington_58.pdf [pdf 206 KB] |