| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 407 |
| Hearing date | 11 Jul 2011 |
| Determination date | 19 September 2011 |
| Member | R A Monaghan |
| Representation | A Taylor ; no appearance |
| Location | Auckland |
| Parties | Ozieranska v Cintra Quad Group Ltd |
| Summary | ARREARS OF WAGES – Applicant sought unpaid wages from respondent – No appearance for respondent – Authority declined to make order for examination of respondent’s financial records by independent and qualified party – Applicant claimed not paid for final two days of employment – Authority found applicant entitled to $442 arrears of wages – Applicant agreed with respondent managing director (“C”) to receive 10 per cent bonus of operating profit – C offered to replace bonus arrangement with letting fees payment – Applicant claimed did not agree to proposal but was responsible for making payments which were described as letting fee commission – Applicant claimed financial records showed respondent was making profit and so was owed bonus – Found financial records did not support applicant’s claim – Found more likely than not that applicant accepted letting fee commission as alternative to bonus – Found applicant not entitled to bonus – Applicant’s employment agreement required applicant to be on call overnight every day – Applicant claimed attended night call outs on daily basis – Applicant claimed underpaid for being on call at night – Found applicant met requirement of constant availability – Found applicant not able to go very far from workplace while on call as had to remain within 15-minute response time – Found applicant’s on call night duties were work for purposes of Minimum Wage Act – Found applicant’s calculation on what was owed was imprecise and conflicting – Found applicant entitled to $17,000 arrears of wages – ARREARS OF HOLIDAY PAY – Applicant sought unpaid holiday pay from respondent – Applicant claimed not paid for unused annual leave – Respondent claimed applicant not entitled to annual leave payment as had made payments for which not entitled – Found applicant entitled to $3,726 arrears of holiday pay – Applicant claimed owed payment for unused time off in lieu of public holidays worked – Found applicant entitled to $1,990 arrears of holiday pay – Interest payable – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Authority asked when matters were raised as grievances with respondent – Applicant withdrew personal grievance – Franchise Manager |
| Result | Application granted (arrears of wages)(arrears of holiday pay) ; Arrears of wages ($17,442.30) ; Arrears of holiday pay ($5,716.73) ; Interest (5%) ; Application dismissed (unjustified disadvantage) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Minimum Wage Act 2003;Minimum Wage Act 2003 s60 |
| Cases Cited | Idea Services Ltd v Dickson [2009] ERNZ 116;Idea Services Ltd v Dickson [2011] NZCA 14 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_407.pdf [pdf 30 KB] |