| Restrictions |
OK |
| Jurisdiction |
Employment Relations Authority - Auckland |
| Reference No |
[2018] NZERA Auckland 359 |
| Hearing date |
15 November 2018 |
| Determination date |
19 November 2018 |
| Member |
Eleanor Robinson
|
| Representation |
Applicant in Person
Merilyn Manik, Emma Andrews & Vaughan Thomas representing the Respondent
|
| Location |
Auckland |
| Parties |
CLEARKIN
v
GENEVA HEALTHCARE LIMITED
|
| Summary |
ARREARS OF WAGES AND HOLIDAY PAY – Caregiver – Applicant sought unpaid wages and payment for alternative holidays earned but not taken – Respondent to pay applicant for 8.5 hours of work performed for two clients – Respondent to pay applicant in respect of alternative holidays upon applicant’s request –Application granted
RECOVERY OF MONIES – Applicant sought payment for travel to attend to clients – Respondent calculated payment for between client travel in accordance with most direct route – Applicant preferred not to travel on motorway – Applicant entitled to choose her route when travelling to clients however payment not to be paid in excess of the rate paid for most direct route – Respondent did not owe applicant travel payments – Application dismissed
BREACH OF CONTRACT – Applicant claimed respondent breached Record of Settlement (“ROS”) by failing to consider pay issues and disputes raised by applicant – Respondent attempted to hold meetings to resolve issues but applicant refused to attend – Respondent did not breach ROS but applicant did as a result of her refusal – Application dismissed
|
| Main Category |
Arrears |
| Number of Pages |
11 |
| PDF File Link: |
2018 NZERA Auckland 359 [pdf 200 KB] |