| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 148/06 |
| Hearing date | 20 Oct 2006 |
| Determination date | 30 October 2006 |
| Member | P R Stapp |
| Representation | J Muncey (in person) ; C Finlayson |
| Location | Wellington |
| Parties | Muncey v Redican Allwood Ltd |
| Summary | JURISDICTION - Applicant had previously brought employment relationship problem against “Garry Lloyd” – During mediation, respondent substituted for Garry Lloyd for purposes of decision under s140 Employment Relations Act 2000 (compliance) - Implied respondent was applicant’s employer – Mediator decided he lacked jurisdiction to deal with arrears claim as no information that applicant’s injury work related – Applicant proceeded to Authority with arrears claim against Garry Lloyd but Authority determined it lacked jurisdiction as parties had agreed to mediator’s “final and binding” decision – Since that determination, applicant’s injury accepted as work related accident - Current arrears claim cited respondent – Respondent was applicant’s employer – Parties did not disagree with Authority making determination on matter – Authority had jurisdiction as these were new proceedings citing respondent, not Garry Lloyd – Mediator’s decision did not include terms of reference that precluded outstanding matters in applicant’s employment being dealt with – Final and binding on issues that mediator did deal with – No terms of settlement or agreement with mediator to effect that decision was in full and final settlement of any or all outstanding matters in applicant’s employment – Matter remained open to be determined by Authority – ARREARS OF WAGES – Parties not able to contract out of Injury Prevention, Rehabilitation, and Compensation Act 2001 (IPRC Act") requirement to pay first week’s compensation – Respondent’s claim applicant breached his obligation to it was entirely separate matter and respondent unable to withhold first week compensation to offset this – Recovery action under s131 ERA permissible under s99 IPRC Act – ACC’s assessment that injury work related included duty on respondent to pay first week’s compensation – Applicant entitled to 80% of earnings lost for first week" |
| Result | Application granted ; Arrears of wages ($563.20) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s131;ERA s140;ERA s150;Injury Prevention, Rehabilitation, and Compensation Act 2001 s97(2);Injury Prevention, Rehabilitation, and Compensation Act 2001 s98(1);Injury Prevention, Rehabilitation, and Compensation Act 2001 s98(2);Injury Prevention, Rehabilitation, and Compensation Act 2001 s99 |
| Cases Cited | Muncey v Redican Allwood Ltd unreported, P Stapp, 30 October 2006, WA 148/06 |
| Number of Pages | 4 |
| PDF File Link: | wa 148_06.pdf [pdf 26 KB] |