| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 47/08 |
| Hearing date | 9 Oct 2007 |
| Determination date | 30 April 2008 |
| Member | P Cheyne |
| Representation | J Lovely ; S Knowles |
| Location | Christchurch |
| Parties | Bardick v Mosgiel Abilities Resource Centre Inc. |
| Summary | UNJUSTIFIED DISADVANTAGE – Respondent refused to pay applicant’s travel expenses after applicant lost licence – Applicant refused to comply with changes to way timesheet provided so respondent did not pay applicant’s wages – Found significant extent of applicant’s dissatisfaction because believed not being paid at level that recognised education and experience – Found not Authority’s role to set applicable rates of pay – Authority found no contractual requirement for respondent to pay applicant’s travel expenses – Found applicant’s travel costs a consequence of own actions – No unjustified disadvantage – ARREARS OF WAGES – Applicant claimed not contractually bound to use new timesheet system – Applicant claimed would comply with new system if respondent agreed to increase applicant’s pay – Respondent argued required applicant to complete timesheets in order to receive external funding – Authority found original contractual obligation required applicant to comply with new timesheet system – Found applicant’s actions risked not complying with lawful and reasonable command by respondent – Authority rejected respondent’s argument that unable to pay applicant’s wages until timesheets provided – Found contractual obligation to pay wages not contingent on completion of timesheet – Authority stopped short of making finding on arrears claim – Authority arranged telephone conference with parties to finalise investigation |
| Result | Application dismissed (Disadvantage) ; Orders accordingly |
| Main Category | Personal Grievance |
| Statutes | ERA s161(2);Minimum Wage Act 1983;Wages Protection Act 1983 s4 |
| Number of Pages | 5 |
| PDF File Link: | ca 47_08.pdf [pdf 21 KB] |