| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 95/10 |
| Hearing date | 13 Apr 2010 |
| Determination date | 12 May 2010 |
| Member | D Asher |
| Representation | G Lloyd ; L Campbell |
| Location | Wellington |
| Parties | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Sealed Air (New Zealand) Ltd |
| Summary | DISPUTE – Whether respondent could lawfully deduct money from employee’s weekly wage in event failed to attend work when agreed to cover hours – Authority found employees not reliant on concept of contracted hours in any given week due to annualised hours system – Found employees undertook to work all reasonable hours required by respondent – Found respondent regularly required staff to cover hours – Agreement to cover hours not required because fundamental to annualised hours system – Found cover hours did not relate to particular week but to annual total of hours – Found hours could be added or reduced by respondent by using covers – Found deduction for agreed cover not worked comparable to deduction in respect of time lost due to absence, sickness or default – Found deduction for agreed cover not worked not in breach of Wages Protection Act 1983 |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s16 |
| Number of Pages | 6 |
| PDF File Link: | wa 95_10.pdf [pdf 18 KB] |