| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 3/04 |
| Hearing date | 15 Jan 2004 |
| Determination date | 21 January 2004 |
| Member | D Asher |
| Representation | L Lock ; T Cleary |
| Location | Napier |
| Parties | Evans and Ors v Richmond Ltd |
| Other Parties | Patel, Kara, Reardon |
| Summary | ARREARS OF WAGES - Alleged failure to pay agreed higher rate of wages - Express term in variation of collective agreement that team leaders paid higher rate - Paid normal rate when not acting as team leaders - Argued express or implied term that higher rate only applied when acting as team leaders - Not stipulated that variations to collective need be in writing - No discussion that higher rate conditional in any way - Seasonal lay-off clause not related to team leader pay rates - No contractual mistake - Entitled to payment of higher rate until employment ceased - Leave reserved for parties if failed to determine quantum of remedies - Meat works team leaders |
| Result | Application granted ; Arrears of wages (Quantum to be determined by parties) ; Costs reserved |
| Statutes | Contractual Mistakes Act 1977 s6(1)(a);ERA s54;ERA s61;ERA s65;ERA s131;ERA s162 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |