ERA determines worker declined available shifts due to health and personal circumstances
The Employment Relations Authority (ERA) found that a permanent-variable-hour residential worker was not entitled to wage arrears for a 12-month period when he declined available shift work due to personal health circumstances and caregiving responsibilities.
The worker claimed the youth justice facility owed him wages for offering work to casual employees instead of permanent variable-hour staff during the period from May 2020 to May 2021.
The Ministry disputed any entitlement to payment, arguing the worker had declined available work and the 'no work, no pay' principle applied.
The ERA determined the worker's employment agreement did not guarantee hours of work or require the employer to prioritise permanent-variable-hour employees over casual workers for available shifts.
The Authority found that the worker declined shift work offered due to his personal circumstances, which were not the employer's responsibility.
The residential worker commenced employment at the youth justice facility in April 2004 as a casual employee and changed to permanent-variable-hour status in 2009.
His offer letter explained that while he would be permanently employed, his actual hours would remain variable with no guarantee of the number of hours offered.
The worker's employment terms were governed by a collective agreement defining permanent-variable-hour...
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