| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 222 |
| Hearing date | 20 May 2017 - 21 May 2017 (2 days) |
| Determination date | 28 July 2017 |
| Member | A Fitzgibbon |
| Representation | R Davies, SJ Davies ; K Ashcroft |
| Location | Hamilton |
| Parties | Harrison v Boyte and Anor |
| Other Parties | AG & DM Boyte Partnership |
| Summary | JURISDICTION – Whether applicant employed during 2015/2016 and 2016/2017 dairy season - PRACTICE AND PROCEDURE – Identity of employer – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and KiwiSaver - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondents - PENALTY – Applicant sought penalty for failure to provide employment agreement and failure to keep and maintain wage and time records - Farm Worker |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant employed on casual basis during first season. Respondents knew applicant was working and took no steps to inform applicant to stop work or stop submitting timesheets. Applicant reemployed for second season on casual basis. Applicant employed during both dairy seasons.;PRACTICE AND PROCEDURE: Financial records indicated respondent was employer. Applicant employed by second respondent.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $9,355 arrears of wages, $748 arrears of holiday pay and $302 arrears of KiwiSaver.;UNJUSTIFIED DISMISSAL: Respondent denied applicant right to be paid for work already performed. Applicant expected employment to continue until end of dairy season as had been agreed but respondent terminated employment relationship. Respondent’s actions not that that of a fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $982 reimbursement of lost wages. $8,500 compensation appropriate.;PENALTY: $1,000 penalty appropriate. |
| Result | Applications granted ; Arrears of wages ($9,355) ; Arrears of holiday pay ($748.40) ; Arrears of KiwiSaver ($302.10) ; Reimbursement of lost wages ($982.80) ; Compensation for humiliation etc ($8,500) ; Penalty ($1,000)(payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s64 ; ERA s124 ; ERA s128(2) ; ERA s130 ; ERA s133A ; ERA s135 ; ERA s136(2) ; ERA s174 ; ERA Second Schedule cl10(1) ; KiwiSaver Act 2006 s60 ; KiwiSaver Act 2006 s64 |
| Cases Cited | Borsboom v Preet PVT Limited [2016] NZEmpC 143;Harrison v Boyte and Anor [2017] NZERA Auckland 161 |
| Number of Pages | 21 |
| PDF File Link: | 2017_NZERA_Auckland_222.pdf [pdf 301 KB] |