| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 34/09 |
| Hearing date | 3 Oct 2008 |
| Determination date | 05 February 2009 |
| Member | L Robinson |
| Representation | R Tranquilino (Applicant in person) ; A Russell |
| Location | Auckland |
| Parties | Tranquilino v Waitemata District Health Board |
| Summary | PRACTICE AND PROCEDURE – Applicant claimed owed wages for unrelieved meal breaks over eight year period – Respondent argued limitation period and accord and satisfaction applied – Previous dispute resulted in respondent announcing back pay for unrelieved meal breaks paid back until 1 July 2005 – Three years later, applicant lodged arrears claim for all unrelieved breaks prior to 1 July 2005 – Respondent argued earlier announcement amounted to agreement on dispute – Authority found no agreement to no claims for unrelieved meal breaks prior to 1 July 2005 – Found limitation period applied – Found applicant entitled to pursue claim for period following six year limitation period until 1 July 2005 announcement – ARREARS OF WAGES – Authority found claim not yet quantified – Parties to quantify sum or return to Authority |
| Result | Applications granted ; Arrears of wages (quantum to be determined) ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | aa 34_09.pdf [pdf 28 KB] |