Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Significant Employment Case A Heads-Up for Employers

30 April 2014

Significant Employment Case A Heads-Up for Employers

An award of over $90,000 by the Employment Relations Authority (ERA) has substantial implications for businesses where workers live on site.

Nelson man Keith Hill has just won his case for unjustifiable dismissal and unpaid wages in the ERA. He lived and worked on the premises of Riverview Holiday Park and Café in Murchison.

Keith Hill was employed as the Manager for two years until February 2013. An award of $69,561.25 has been made to Mr Hill for unpaid wages, and a total of $22,120.00 in compensation for hurt and humiliation and wages lost since his dismissal.

Keith Hill’s lawyer, Nick Mason of Pitt & Moore, says the ERA judgement is significant because it is one of first cases in the hospitality sector to clarify the law around living and working on site.

“While the circumstances in this case are relatively unusual, it highlights that employers need to be aware of how the term 'work' is actually interpreted” says Nick Mason. “The really helpful thing for employers is that this decision goes a long way to clarifying the law with respect to “sleepover” cases, which has been unsettled since the Dickson v Idea Services case was decided by the Employment Court.

While Keith Hill was employed at Riverview he was unable to leave the premises and during the peak season was effectively on duty for 15 hours a day. He was required to be there to check the camp, deal with urgent matters and respond to customers arriving at any time. In the two years he worked there he took only two weeks holiday. In January 2013 he was dismissed without any process or being given any justifiable reason.

The ERA judgement states that Mr Hill “worked long days in the peak season” and that he “had constraints on his evenings and nights during the peak season almost every night and had to remain alert, even when asleep, to any work that needed to be done”, and concluded that Mr Hill was entitled to be paid at not less than the minimum wage for 15 hours per day during the peak season. The ERA also found that there was a “complete lack of procedural fairness”, and “not one shred of evidence of any substantive justification” with respect to many aspects of Mr Hill’s unjustifiable dismissal.

Nick Mason says the employer, Peter Shand, neglected to pay Mr Hill any wages for several months and then refused to reimburse Mr Hill for the unpaid wages following the dismissal.

“This judgement will clarify the issues around living and working on a business premises and it’s a timely reminder that employers must carefully consider and administer job requirements – particularly hours worked and the tasks employees are required to undertake,” says Nick Mason.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Digital Evolution: Scoop Independent News Launches "Operation Chrysalis"

From today Scoop is beginning a process of public consultation with the political, business and civil society groups it has served for the past 15 and a half years.

"It is hoped that in time - with new leadership and increased community engagement - the chrysalis will incubate a new kind of Scoop, one which can sustainably continue Scoop's Mission 'to be an agent of positive change'", says Scoop Founder, Editor and Publisher Alastair Thompson.

"As big publishing shrivels, public participation in contributing and spreading news has grown. Scoop has evolved with this wave by providing an independent platform, committed to upholding democracy, providing a voice to all, and providing the public easy access to information about decisions which affect them." More>>

 

Parliament Adjourns:

Greens: CAA Airport Door Report Conflicts With Brownlee’s Claims

The heavily redacted report into the incident shows conflicting versions of events as told by Gerry Brownlee and the Christchurch airport security staff. The report disputes Brownlee’s claim that he was allowed through, and states that he instead pushed his way through. More>>

ALSO:

TAIC: Final Report On Grounding Of MV Rena

Factors that directly contributed to the grounding included the crew:
- not following standard good practice for planning and executing the voyage
- not following standard good practice for navigation watchkeeping
- not following standard good practice when taking over control of the ship. More>>

ALSO:

Gordon Campbell:
On The Pakistan Schoolchildren Killings

The slaughter of the children in Pakistan is incomprehensibly awful. On the side, it has thrown a spotlight onto something that’s become a pop cultural meme. Fans of the Homeland TV series will be well aware of the collusion between sections of the Pakistan military/security establishment on one hand and sections of the Taliban of the other… More>>

ALSO:

Werewolf Satire:
The Politician’s Song

am a perfect picture of the modern politic-i-an:
I don’t precisely have a plan so much as an ambition;
‘Say what will sound most pleasant to the public’ is my main dictum:
And when in doubt attack someone who already is a victim More>>

ALSO:

Flight: Review Into Phillip Smith’s Escape Submitted To Government

The review follows an earlier operational review by the Department of Corrections and interim measures put in place by the Department shortly after prisoner Smith’s escape, and will inform the Government Inquiry currently underway. More>>

ALSO:

Intelligence: Inspector-General Accepts Apology For Leak Of Report

The Inspector-General of Intelligence and Security, Cheryl Gwyn, has accepted an unreserved apology from Hon Phil Goff MP for disclosing some of the contents of her recent Report into the Release of Information by the NZSIS in July and August 2011 to media prior to its publication. The Inspector-General will not take the matter any further. More>>

ALSO:

Drink: Alcohol Advertising Report Released

The report of the Ministerial Forum on Alcohol Advertising and Sponsorship has been released today, with Ministers noting that further work will be required on the feasibility and impact of the proposals. More>>

ALSO:

Other Report:

Leaked Cabinet Papers: Treasury Calls For Health Cuts

Leaked Cabinet papers that show that Government has been advised to cut the health budget by around $200 million is ringing alarm bells throughout the nursing and midwifery community. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news