| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 171/09 |
| Hearing date | 1 Sep 2009 |
| Determination date | 04 November 2009 |
| Member | P R Stapp |
| Representation | G Ballara, S Fraser ; P Cranney, D Best |
| Location | Wellington |
| Parties | The New Zealand Fire Service Commission v Warner and Ors |
| Other Parties | Named in attached schedule |
| Summary | PRACTICE AND PROCEDURE – Referral of question of law to Employment Court (“EC”) – Applicant sought to recover overpayments of wages made to respondents following refusal or failure to repay overpayments – Respondent asked Authority to refer question of law to EC – Authority found issue whether or not Authority had jurisdiction to order employees to repay overpayment with wages where employer made mistake and circumstances such that employee owed money – Applicant discovered mistake in payment of wages to respondents – Various sums claimed from each respondent regarding “officership allowance” in collective employment agreement – Applicants argued Authority had jurisdiction to grant recovery of sums claimed respondents owed because mistake made in payment – Respondents argued Authority had no jurisdiction to award applicant with recovery of sums sought – Argued respondents received and spent money in good faith – Argued if applicant had particularised payments when made then issue would have been picked up and corrected – Argued Authority had no jurisdiction to hear applications under s94A and s94B Judicature Act 1908 – Argued Authority’s powers circumscribed to recovery of wages and penalties, and could not make pecuniary awards against workers – Also argued s161 Employment Relations Act 2000 (“ERA”) did not confer jurisdiction on Authority – Argued s162 ERA only related to power conferred on Authority in areas that already had jurisdiction under any enactment or rule of law “relating to contracts” – Also argued Authority had no power to expanded jurisdiction beyond contractual causes of action – Authority concluded would refer question of law to EC – Found employment relationship problem significant issue involving substantial amount of money that relied upon proper jurisdiction for certainty and closure considering number of respondents and costs – Respondent requested words “on wages” be deleted from proposed question of law – Authority found to overcome difference between parties, decided would incorporate words “and or any debt” to try and ensure EC could assist in giving opinion – Authority concluded question of law for Court: “Does the Employment Relations Authority have jurisdiction to order employees to pay their employer overpayments of wages and or any debt under Judicature Act 1908 and or section 161 and or section 162 of the ERA” |
| Result | Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s161;ERA s162;ERA s177;Judicature Act 1908 s94A;Judicature Act 1908 s94B;Employment Relations Authority Regulations 2000 r11 |
| Cases Cited | BRC Limited v Magele unreported, Couch J, 12 August 2009, WRC 12/09;Master Builders Association v Doe [1997] ERNZ 53 |
| Number of Pages | 7 |
| PDF File Link: | wa 171_09.pdf [pdf 26 KB] |