| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 373/10 |
| Hearing date | 19 Aug 2010 |
| Determination date | 20 August 2010 |
| Member | R Arthur |
| Representation | J Adams (in person) ; P Tesiram |
| Location | Auckland |
| Parties | Adams v The Estate of Gordon Watson |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by not being paid equal wage rate as other caregiver (“X”) – Respondent argued no legal obligation to pay applicant same wage rate as X – Argued X had more responsibilities than applicant – Applicant’s employment agreement (“EA”) provided specified wage rate to be annually reviewed – EA provided wage increases at respondent’s discretion – Applicant paid at specified wage rate and received pay increase however still paid less than X – Authority found respondent reviewed applicant’s wage rate consistent with EA – Found at respondent’s discretion to make increase – Found no legal obligation for respondent to pay identical wage rate even if duties identical, unless, was unlawful discrimination – Found in absence of unlawful discrimination and no breach of EA, applicant not unjustifiably disadvantaged – Found paid minimum wage at all material times - Applicant claimed not provided with adequate opportunity for breaks – Claimed not given “measure of choice” about what to do during break time as could not leave workplace – Respondent argued applicant given full discretion to take breaks – Found no legal requirement for employer to let employee leave workplace to constitute “work break” – Found that may be so if employee unable to get refreshments at workplace – Found in particular circumstances, food and refreshments provided at workplace – No disadvantage - COSTS – Authority ordered applicant to pay $800 reasonable contribution to costs for less than two hours investigation meeting – Costs in favour of respondent - Caregiver |
| Result | Application dismissed ; Costs in favour of respondent ($800) |
| Main Category | Personal Grievance |
| Statutes | ERA s104;ERA s105 |
| Cases Cited | Idea Service Ltd v Dickson [2010] NZCA 241;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | aa 373_10.pdf [pdf 20 KB] |