| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 74/06 |
| Hearing date | 9 Feb 2006 |
| Determination date | 10 May 2006 |
| Member | P R Stapp |
| Representation | R Reid, P Cranney ; P McBride |
| Location | Wellington |
| Parties | Clothing, Laundry & Allied Workers' Union Inc and Anor v Layton's Linen Hire Ltd |
| Other Parties | Andrews |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – DISPUTE – Interpretation and application of collective employment agreement – Whether applicant’s employment status casual or permanent full-time – Whether applicant wash room operator – Employment agreement provided employment status classifications - Rates of pay specified according to classification and length of service – Applicant began work as casual employee but later became “pool employee” – “Pool employee” described in agreement as permanent part-time employee - Initial classification as “casual employee employed prior to certain date” correct – After became pool employee appropriate classification “all other permanent employees with six months’ service” – Evidence failed to establish applicant full-time employee – Not engaged as such and no change to agreement in writing or by conduct – Forty hours worked some weeks but not all – Also failed to establish applicant wash room operator within meaning of collective agreement – Partial success in classification issue entitled applicant to further payments of wages – Leave reserved to apply for determination of arrears of wages and holiday pay if necessary |
| Result | Dispute determined partly in favour of applicant ; Leave reserved for further application (Arrears) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | wa 74_06.pdf [pdf 28 KB] |