| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 80/09 |
| Determination date | 10 June 2009 |
| Member | D Asher |
| Representation | H McAra ; M Singleton |
| Location | Wellington |
| Parties | Gillogley v KiwiRail Ltd |
| Summary | DISPUTE - ARREARS OF WAGES – Applicant claimed entitled to 5 percent of gross taxable earnings for fixed term employment period – Respondent argued applicant not entitled to sum as no finish date reached – Applicant employed on fixed term employment – Applicant’s status subsequently changed to permanent employment by retrospective agreement however change not recorded in writing – Applicant’s collective employment agreement (“CEA”) provided fixed term employees be notified of starting and finishing dates of employment – CEA further provided employer pay 5 percent of employee’s taxable earnings on finishing date – Authority found oral agreement to make applicant permanent employee included recognition of finishing date for fixed term employment – Found applicant entitled to payment of 5 percent of gross taxable earnings pursuant to CEA – Question answered in favour of applicant – Officer |
| Result | Applications granted ; Question answered in favour of applicant ; Arrears of wages (Quantum to be determined) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s66;ERA s66(2) |
| Number of Pages | 6 |
| PDF File Link: | wa 80_09.pdf [pdf 24 KB] |