| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 117/08 |
| Hearing date | 2 Jul 2008 - 4 Aug 2008 (2 days) |
| Determination date | 05 September 2008 |
| Member | G J Wood |
| Representation | P Cranney ; M Quigg, T Sissons |
| Location | Wellington |
| Parties | Dickson v Idea Services Ltd |
| Summary | DISPUTE - Question whether part of applicant’s employment known as “sleepover” amounted to “work” within meaning of s6 Minimum Wage Act 1983 (“MWA”) - Investigation to determine liability only not quantum - Respondent was subsidiary of IHC providing community based services to people with intellectual disabilities - “Sleepover” involved applicant spending night at client’s home and attending to clients if required - Applicant paid allowance for sleepover and entitled to additional payment when required to perform duties during “sleepover” - Authority adopted approach in NZALPA v Air NZ Ltd [2008] ERNZ 62 with respect to what constituted “work”, in preference to Karelrybflot v Udovenko & Ors [2002] NZLR 24 where inconsistent - Authority found following factors relevant in determining whether activity or requirement constituted work in terms of s6 MWA: firstly terms of employment agreement, secondly likelihood of interruption or requirement to attend work duties, and thirdly constraints placed upon employee - Authority concluded restrictions during “sleepover” so persuasive that constituted work for purposes of MWA - Authority found “sleepovers” constituted “work” for purposes of MWA - Community Support Worker |
| Result | Questions answered ; No order for costs |
| Main Category | Dispute |
| Statutes | Holidays Act 1991;Holidays Act 2003 s12(3);Minimum Wage Act 1945;Minimum Wage Act 1983;Minimum Wage Act 1983 s6 |
| Cases Cited | Harding v Spectrum Care Trust Board unreported A Dumbleton, 1 Sep 2008, AA 314/08;Hooper v Rex Amusement Ltd [1949] NZLR 359;Karelrybflot v Udovenko & Ors [2000] 2 NZLR 24;Mills v Ball, Hunt & Patrick t/a Cedar Park Motor Lodge unreported Finnigan J, 20 Sep 1994, AEC 58/94;New Zealand Airline Pilots Association Inc v Air New Zealand Ltd [2008] ERNZ 62;O'Brien (Labour Inspector) v Guardian Alarms (Auckland) Ltd [1995] 2 ERNZ 170;O'Grady v M Saker Ltd [1940] 2 KB 469;Sealord Group Ltd and Amaltal Fishing Company Ltd v New Zealand Fishing Industry Guild Inc [2005] 1 ERNZ 535;Udovenko v Karelrybflot unreported Young J, 27 April 1999, AD 90/98 |
| Number of Pages | 17 |
| PDF File Link: | wa 117_08.pdf [pdf 60 KB] |