| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 244/06 |
| Hearing date | 9 May 2006 |
| Determination date | 19 July 2006 |
| Member | J Scott |
| Representation | S Scott ; G Spry |
| Location | Auckland |
| Parties | Perfect v Waikato Institute of Technology |
| Summary | ARREARS OF WAGES - Applicant alleged underpaid entire period of employment - Originally hired on one year fixed term contract - Although paid for 37.5 hours per week applicant required to work 40 hours per week - Applicant subsequently became permanent employee - At this time manager became aware of policy regarding full time hours and advised applicant these were 37.5 per week - All employment documentation reflected those hours - Applicant and his witness found to be without credibility - Not the case that applicant found out working 40 hours while being paid for 37.5 when resigned - Knew from time engaged permanently hours were 37.5 per week and worked in accordance with that - Underpayment by respondent during fixed term employment - Recovery impacted by limitation period in s142 Employment Relations Act 2000 - Cause of action arose at time applicant received first pay slip - Applicant commenced action on 19 August 2005 - Pursuant to s142 applicant could not recover arrears in respect of period from receipt of first pay slip to 18 August 1999 - Arrears of wages owing for period 19 August to date applicant became permanent employee - Outdoor Technician |
| Result | Application granted in part ; Arrears of wages (Quantum to be determined) ; Costs reserved |
| Statutes | ERA s142 |
| Number of Pages | 6 |
| PDF File Link: | aa 244_06.pdf [pdf 27 KB] |