| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54/04 |
| Hearing date | 27 Jan 2004 |
| Determination date | 13 February 2004 |
| Member | Y S Oldfield |
| Representation | GA Rough (Applicant in person0 ; IR McDonnell |
| Location | Auckland |
| Parties | Rough v IR & EM McDonnell Ltd t/a Caltex Whakatane |
| Summary | DISPUTE - No written employment agreement - Dispute over terms - Parties wished to resolve issues - Within Authority's jurisdiction to establish what was agreed - Determination set out agreed terms - One narrow area of dispute - Whether continuous work allowance included in hourly rate - If agreement had been given to applicant when commenced employment would not have been current problem - Contrary to principles of good faith to permit party to benefit from breach of Employment Relations Act 2000 - Respondent unwittingly breached section 64 ERA - Applicant to have benefit of doubt - Not made clear to applicant allowance included in hourly rate - Applicant entitled to benefit of collective agreement except where departure expressly agreed to - Entitled to continuous work allowance for each shift worked as employed - Indication of quantum payable given but no order made since not in position to calculate on evidence available - Leave reserved if agreement not reached |
| Result | Application granted ; Arrears of wages (Quantum to be determined by parties) ; Orders accordingly ; No order for costs |
| Statutes | ERA s64;ERA s64(2) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |