| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 139/04 |
| Hearing date | 4 Feb 2004 |
| Determination date | 26 April 2004 |
| Member | M Urlich |
| Representation | R Alchin ; A Fursdon |
| Location | Auckland |
| Parties | Nicholson and Ors v Te Awamutu Residential Trust |
| Summary | DISPUTE - Interpretation of salary provision - Whether clause in agreements entitled applicants to $2,000 salary increase every year or one off payment - Clause stated a salary increase of $2,000 per annum will occur" - Meaning plain and unambiguous - Salary increase to occur each year - Trust ordered to pay amounts owing from specified date - ARREARS OF WAGES - Monies due and owing since dispute determined in favour of applicants - Interest awarded - PENALTY - Breach not flagrant or wilful - Inappropriate to award penalty - Special damages sought - Breaches had been remedied by order for wages arrears and interest - No quantification of damages beyond those breaches - No award of special damages - Non-publication order in relation to evidence given during investigation meeting which identified any resident of respondent - Support workers/caregivers" |
| Result | Question answered in favour ; Arrears of wages (Quantum to be determined) ; Interest (7.5 percent) ; Orders accordingly ; Costs reserved |
| Statutes | ERA Second Schedule cl11(2);ERA s135(2)(b) |
| Cases Cited | Dwyer v Air New Zealand Ltd (No 2) [1996] 2 ERNZ 435 |
| Number of Pages | 4 |
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