| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 163 |
| Hearing date | 29 Apr 2011 |
| Determination date | 30 October 2011 |
| Member | D Asher |
| Representation | P Cranney, C Mayston ; A Sheriff, D Marshall |
| Location | Wellington |
| Parties | New Zealand Public Service Association and Ors v Secretary for Justice |
| Other Parties | Robertshaw, Win, Raeburn |
| Summary | DISPUTE – Parties agreed Authority to determine whether respondent’s actions breached s6 Wages Protection Act 1983 (“WPA”) – Respondent recovered overpayments made to employees who had taken industrial action – Applicants claimed deductions in subsequent pay periods were unlawful as adjustment payslips and respondent’s general notices were inadequate notice and did not meet s6 WPA requirements – Applicants claimed if respondent used additional resources could have avoided making overpayments - Respondent claimed employees not entitled to wages for hours did not work – Respondent claimed deductions lawful as gave employees notice, recovered overpayments within required timeframe and not reasonably practicable to avoid making overpayments – Respondent claimed deductions consistent with parties’ collective employment agreement – Witness claimed due to respondent’s pay cycles reduction for strike action could not be processed in same pay period – Authority found due to large number of employees who took industrial action and complexity of reductions was not practicable or reasonable to avoid making overpayments – Found applicants given extensive notice of respondent’s intention to recover overpayments – Found respondent created guidelines and frequently asked questions page which were published on respondent’s intranet and clearly signalled pay would be decreased if employees absent for industrial action – Found respondent communicated notice to union and union members – Found respondent met s6(3)(a), s6(3)(b) and s6(3)(c) WPA requirements – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s6;Wages Protection Act 1983 s6(1)(a);Wages Protection Act 1983 s6(3);Wages Protection Act 1983 s6(3)(a);Wages Protection Act s6(3)(b);Wages Protection Act s6(3)(c);Wages Protection Act 1983 s6(4) |
| Cases Cited | Air Nelson Ltd v New Zealand Air Line Pilots’ Association Industrial Union of Workers Inc [2008] ERNZ 327;New Zealand Public Service Association & Ors v Secretary for Justice [2011] NZERA Wellington 100;New Zealand Stevedoring Company Ltd v New Zealand Waterfront Workers Union [1990] 3 NZILR 437;Tawhiwhirangi v Attorney-General in respect of the Department of Corrections [1998] 1 ERNZ 571 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_163.pdf [pdf 41 KB] |