| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 225/01 |
| Determination date | 19 December 2001 |
| Member | J Wilson |
| Representation | E Morgan-Coakle ; T Smith |
| Location | Auckland |
| Parties | McSweeney v Lynton Investments Ltd t/a Milton Court Rest Home |
| Summary | ARREARS OF WAGES - Alleged guaranteed minimum of 28 hours work per week - Whether short paid hours - Credibility - Evidence of respondent preferred - Told additional hours available on casual basis - Not guaranteed 28 hours per week - Had legitimate expectation of additional hours during 2 weeks' - Arrears claim made out in part - PENALTY - Alleged contract did not meet minimum requirements of ECA - No schedule of other employee parties - No explicit provision that list be appended to contract - Obvious there were other parties to the contract - Alleged contract offered was not a collective employment contract/agreement - Whether sham CEC to avoid obligations under ERA - Not persuaded beyond reasonable doubt that company deliberately breached ERA or contract of employment - Claim for penalty dismissed - Weekend supervisor/manager |
| Result | Application granted in part ; Arrears of wages ($120) ; Costs reserved |
| Statutes | ECA s20;ECA s22;ERA s64 |
| Cases Cited | Ruapehu District Council v Northern Local Government Officers Union unreported, Castle J, 16 November 1992, WEC 54/92 |
| Number of Pages | 6 |
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