| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 246/09 |
| Hearing date | 28 Apr 2009 - 30 Apr 2009 (2 days) |
| Determination date | 24 July 2009 |
| Member | V Campbell |
| Representation | E Alshammary (in person) ; P Swarbrick |
| Location | Auckland |
| Parties | Alshammary v The Warehouse Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed remuneration change from salary to wages caused unjustified disadvantage – Respondent sought applicant’s agreement to temporarily change remuneration from salary to wages – Respondent offered applicant increase in hourly rate on condition applicant remain permanently on wages – Applicant accepted offer – Applicant claimed suffered disadvantage because not paid same amount as on salary – Authority found applicant agreed to changes after consultation held – Found applicant suffered no loss – No disadvantage |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Bilkey v Imagepac Partners, unreported, Colgan J, 7 Oct 2002, AC 65/02;Mason v Health Waikato Ltd [1998] 1 ERNZ 84;McCosh v National Bank of New Zealand Ltd, unreported, Colgan J, 13 Sept 2004, AC 49/04;New Zealand Storeworkers IUOW v South Pacific Tyres (New Zealand) Ltd [1990] 3 NZILR 452 |
| Number of Pages | 4 |
| PDF File Link: | aa 246_09.pdf [pdf 29 KB] |