Arrears - Employment Relations Act 2000
Basset & Anor v Dawson R Agri Ltd
18 Oct 2007, V Campbell, AA 329/07, (5 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicants employed as couple on respondent's farm - Claimed owed wages and holiday pay when left employment - No appearance by respondent - Respondent submitted nothing owing as deducted sums applicant owed it from final pay, in accordance with employment agreement - Applicants acknowledged owed respondent for phone expenses - Also took sick leave in advance of entitlement - Employment agreement allowed respondent to recover payment - However, even taking these deductions into account, arrears due and owing to applicants - RECOVERY OF MONIES - Applicants also sought reimbursement of payments made for purchase of two bikes respondent had possession of - Parties entered into contract where applicants would pay for bikes by instalments - After employment ended respondent took bikes back - Did not refund payments already made or allow applicants to continue paying for bikes - Bike contract related directly to employment relationship - Applicants entitled to full refund on money paid to respondent - Junior farm manager and assistant
Result:
Application granted ; Arrears of wages and holiday pay ($389.89) ; Recovery of monies ($945) ; Disbursements in favour of applicant ($70)(Filing fee)
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Brown v Morrison
14 Feb 2008, P Cheyne, CA 11/08, (2 pages)
ARREARS OF WAGES - Applicant claimed not paid during employment - No appearance by respondent - Respondent submitted happy to pay applicant once received individual tallies, but rate payable less than that set out in applicant's claim - No written employment agreement - Applicant's evidence as to piece rate confirmed by witnesses - Applicant claimed had submitted tallies - Applicant's evidence accepted - Arrears due and owing - Interest 10 percent - Shearer
Result:
Application granted ; Arrears of wages ($6,179.65) ; Interest (10%) ; Disbursements in favour of applicant ($70)
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Brown v Neil Timber Ltd
26 Nov 2007, Y S Oldfield, AA 368/07, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed did not receive final week's wages or holiday pay when left employment - No appearance for respondent - Respondent insolvent and had ceased trading - Matter granted urgency as applicant concerned respondent would be wound up - Respondent did not dispute owed arrears and provided pay slips to Authority - Respondent unable to explain differing holiday pay figures - Benefit of doubt to applicant as responsibility on respondent to keep wage and time records - Arrears due and owing
Result:
Application granted ; Arrears of wages ($1,792.75) ; Arrears of holiday pay ($1,619.54) ; Disbursements in favour of applicant ($70)
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Brunsden and Anor v Acacia Employment Services Ltd and Anor
15 Jan 2008, R A Monaghan, AA 8/08, (4 pages)
CONSENT ORDER - ARREARS OF WAGES AND HOLIDAY PAY - Identity of employer - Triangular employment - Statement of problem cited only first respondent - Respondents shared directors and connected by shareholdings - Applicants employed in business operated by second respondent operated business - First respondent in effect management company and employed applicants - First respondent's only assets were contracts to supply staff to companies which had now stopped trading - Authority made no conclusion on issue of identity of employer but obtained parties consent to join second respondent as party - Applicants sought arrears owing after termination of employment - Respondents did not dispute amount owing and agreed to awards being made against them jointly and severally for amounts claimed - Authority suggested advice be sought on implications of respondent's financial position on enforcement of order
Result:
Application granted ; Orders accordingly ; Arrears of wages and holiday pay ($5,951.87)(MB) ; ($1,759.44)(AI) ; No order for costs
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Corneal v General Distributors Ltd t/a Woolworths at Gull
24 May 2007, G J Wood, WA 83/07, (13 pages)
UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Misconduct - Applicant alleged required stress leave as result of manager's actions - Applicant felt picked on, but manager simply trying to ensure high standards met - Meeting arranged to work on parties' relationship - Any potential grievances applicant may have had at time in effect resolved - Issues over staffing and reporting - Applicant put in extra hours, to detriment of health, but negative impact on profitability - Disciplinary investigation begun but applicant went on sick leave and meeting delayed - Raised issue of stress and respondent sought further medical information - While on sick leave occasionally attended work - Respondent discovered money missing - Next day, applicant rang to say had money and forgot to bank it - Suspended and disciplinary meeting scheduled - Applicant alleged bullying and discrimination, and claimed this explained respondent's concerns - Respondent indicated would proceed with disciplinary investigation and if applicant wished only to deal with issues by correspondence could miss opportunity to explain - Stated would investigate applicant's complaints separately, and added new allegation applicant took stock without paying - Applicant denied allegations and declined to provide further details of her complaints as requested - Respondent concluded applicant negligent, breached company policy and actions serious misconduct - Applicant's diabetes most likely explanation for times failed to remember to things as required, especially as combined with depression - Not inherently unfair for employer to closely manage staff - Applicant not treated unfairly in relation to stress, and not victim of bullying or discrimination - Summary dismissal for misplacing money substantively justified - Stock issue provided further reason for loss of trust and confidence - Applicant chose not to be involved in disciplinary process - Respondent entitled to carry through its disciplinary procedures and could not be held responsible for failure to have all relevant material before it - Dismissal justified - No unjustified disadvantage - ARREARS OF WAGES - RECOVERY OF MONIES - Applicant went to work while on sick leave - While respondent provided cover for applicant and possible she did not work full shift, refusal to pay did not reflect well on it - Applicant entitled to five days pay - Arrears to be offset against speeding fines incurred by applicant - Balance to be paid to appropriate party - BREACH OF CONTRACT - Respondent concerned abut state applicant's uniform returned in - Applicant not required to pay for new uniform - Counterclaim dismissed - Manager
Result:
Application dismissed (Personal grievance) ; Application granted (Arrears of wages, recovery of monies) ; Counterclaim dismissed ; Costs reserved
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Flintoff and Ors v Zajonskowski t/a Central Steeliez
17 Jan 2008, G J Wood, WA 4/08, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - No appearance by respondent - Applicants' evidence as to service accepted - Applicants employed by respondent personally - Respondent did not dispute owed applicants wages - Arrears due and owing - Interest 9 percent
Result:
Application granted ; Arrears of wages and holiday pay ($4,064)(RF) ; ($5,074)(CH) ; ($1,510.10)(MP) ; Interest (9%) ; Disbursements in favour of applicants ($70)(Filing fee)
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Fogarty v G Media Group Ltd
7 Dec 2007, A Dumbleton, AA 385/07, (3 pages)
ARREARS OF WAGES - Applicant sought wages for entire period of employment - Made redundant, without notice, after seven weeks due to financial restraints - Respondent previously stated would pay outstanding wages as soon as company had funds - Wages due and owing - Applicant also entitled to pay in lieu of notice, as provided for in employment agreement - Broadcaster
Result:
Application granted ; Arrears of wages ($2,040) ; Disbursements in favour of applicant ($70)(Filing fee)
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Ghiyath v Slab International Ltd
19 Nov 2007, R Arthur, AA 360/07, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - No appearance by respondent - Respondent accepted arrears due and owing - Claimed applicant would be paid once it had obtained further investment - Arrears due and owing - Interest 10.71 percent - Applicant also sought redundancy compensation equivalent to three months wages - Employment agreement did not provide for payment - Claim for redundancy compensation dismissed
Result:
Application granted in part ; Arrears of wages ($11,250) ; Arrears of holiday pay ($3,750) ; Interest (10.71%) ; No order for costs
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Kilgour v Spinnaker Investments No1 Ltd
14 Jun 2007, J Crichton, CA 60/07, (6 pages)
ARREARS OF WAGES - Investigation conducted by way of separate interviews with parties - Parties agreed additional payment would be made to applicant as management fee while owner overseas - Received payment for first period and applicant claimed entitled to similar payment for second period - Issue of second fee not raised by applicant until end of period it would have applied to - Alleged owner made verbal commitment to pay - Applicant raised issue again and owner made it clear no additional payment would be made - On balance of probabilities, no agreement by respondent to pay applicant management fee for second period - During course of Authority's investigation applicant also contended respondent breached Minimum Wage Act 1983 - Authority not persuaded Act breached - Manager
Result:
Application dismissed ; Costs to lie where they fall
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Lupi v We Want You Motor Group Ltd
16 May 2007, D King, AA 148/07, (4 pages)
UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant transferred to new location - Alleged promised would be assistant to General Manager ("GM") - Alleged hostility by GM, demoted to salesman, and managerial responsibilities removed - GM dismissed by Director and went to work for competitor - Applicant raised concerns about perceived demotion and other issues - Director had assumed applicant was happy as had not raised concerns previously - At end of meeting to discuss issues, applicant threatened to take respondent to court - Applicant's behaviour deteriorated following meeting, given formal written warning - Applicant requested mediation but then resigned and went to work for same competitor as GM - Applicant solicited former colleagues to work at competitor - Authority did not accept applicant's account of transfer of location or promise of position - Given subsequent conduct could not accept evidence of poor relationship with GM - No dismissal or disadvantage - ARREARS OF WAGES - Claimed owed commission and bonus - Respondent had practice of lending potential buyers deposit to obtain finance, commission not paid to salesperson until loan recouped - Agreement did not provide commission could be withheld on that basis - Any payments withheld owing - Bonus payments discretionary - No bonus owed - Employees charged penalty fee if failed to lock up - Deductions unauthorised, to be refunded - Salesman
Result:
Applications dismissed (Unjustified dismissal, unjustified disadvantage) ; Application granted (Arrears of wages) ; Arrears of wages (Quantum to be determined) ; Costs reserved
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Mani v Kendall Earthmovers Ltd
23 Jan 2008, R Arthur, AA 20/08, (4 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed not paid in full for work done for respondent - Applicant on work permit and alleged respondent threatened to send him back to Fiji if continued asking for wages and payslips - No appearance by respondent - Applicant's evidence of arrears accepted - Arrears due and owing - Interest 10.75 percent - Certificate of determination to be issued to applicant - Applicant's statement of problem also referred to personal grievance but no evidence raised with employer as required - Although sufficient undefended evidence of unjustified treatment to establish grievance, Authority could not address claim - Also evidence of breaches of employment agreement that would have warranted penalty if one had been sought - Machine operator
Result:
Application granted ; Arrears of wages ($3,546.28) ; Arrears of holiday pay ($332.80) ; Interest (10.75%) ; No order for costs
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McLeod v Bishop
29 Oct 2007, D Asher, WA 145/07, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed wages and holiday pay from employment - Accepted responsibility for some damages and acknowledged deductions should be made from amount owed - No appearance by respondent - Applicant's evidence accepted - Arrears due and owing - COSTS - Applicant sought costs associated with claim - Costs awarded
Result:
Application granted ; Arrears of wages and holiday pay ($1,183) ; Costs in favour of applicant ($250) ; Disbursements ($70)(Filing fee)
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McTaggart v N & M Witehira Ltd
25 Sep 2007, D King, AA 297/07, (6 pages)
UNJUSTIFIED DISMISSAL - Applicant dismissed as would not agree to reduction in hourly rate - Respondent also alleged performance issues - No written employment agreement - Applicant employed on understanding high hourly pay rate conditional on generating agreed level of turnover - Parties agreed to review arrangement after three months - After three months, original conditions rolled over for another three months - Applicant did not achieved agreed turnover - Second review meeting held and applicant given employment agreement containing one month probationary period and reduced hourly rate - Applicant did not accept changes - Declined subsequent offer to remain on higher rate as manager and made counter offer - Respondent found counter offer completely unsatisfactory and dismissed applicant - While applicant's original pay rate conditional upon turnover, no agreement as to consequences if condition not satisfied, only agreed to review rate - Respondent not entitled to dismiss applicant because did not agree to reduced rate - Applicant not given notice employment at risk - Manner of dismissal unfair - Dismissal unjustified - Remedies - Applicant given time to supply further medical evidence in support of claim for lost wages - Remedies reserved - ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed final pay incorrect and respondent made him change rostered days to avoid working on public holidays - Complained denied opportunity to be paid time and half - Arrears due and owing - Respondent overpaid holiday pay - Overpayment to be deducted from arrears - Hairdresser
Result:
Application granted ; Remedies for unjustified dismissal reserved ; Orders accordingly ; Arrears of wages ($80) ; Arrears of holiday pay ($138.68) ; Costs reserved
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Moore v Real World Ltd
5 Nov 2007, P Montgomery, CA 129/07, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid wages, holiday pay and reimbursements of expenses - Respondent did not dispute claim but did not pay outstanding amount when claimed it would - Arrears due and owing - COSTS - Applicant claimed costs of $1,350 - Costs reasonable in circumstances - Manager
Result:
Application granted ; Arrears of wages ($7,213.64) ; Arrears of holiday pay ($1,236.60) ; Expenses ($1,057.80) ; Costs in favour of applicant ($1,350) ; Disbursements ($70)(Filing fee)
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Neumann v Mangonui Groundspread Ltd
12 Feb 2008, R A Monaghan, AA 42/08, (2 pages)
RECOVERY OF MONEY - Applicant claimed respondent owed him various sums of money - Further to Authority Minute, respondent advised cheques were issued to applicant but not banked - Respondent suggested order for payment appropriate, although indicated payment already made by direct credit to applicant - Orders accordingly
Result:
Application granted ; Orders accordingly ; No order for costs
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Sharma v Medictronix New Zealand Ltd
18 Sep 2007, L Robinson, AA 291/07, (7 pages)
UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Applicant's evidence unchallenged - Parties agreed applicant could take three months leave - Contrary to agreement, applicant not paid while on leave - On return told things at respondent "not good' and no staff paid - Respondent agreed to make some payment to applicant and said would contact him about resuming duties - Applicant not invited to resume duties - When contacted, respondent provided back dated advice making him redundant - Purported redundancy a sham - No consultation - Breached employment agreement and statutory requirement of good faith - Dismissal unjustified - ARREARS OF WAGES - Applicant entitled to commission not paid during employment - Interest 10 percent - GOOD FAITH - PENALTY - Applicant sought penalty for respondent's failure to act in good faith - Respondent had instilled in applicant expectation would resume duties - Attempted to revise situation by making him redundant from commencement of discussions with him - Conduct demonstratively dishonest, in bad faith, and undermined applicant's employment agreement - Penalty warranted to underscore policy objectives of Employment Relations Act 2000 and denounce respondent's conduct - Sales and marketing manager
Result:
Application granted ; Reimbursement of lost wages ($6,057.70) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($10,451.36) ; Interest (10%) ; Penalty ($3,000)(Payable to Crown) ; No order for costs
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Swan v Iroko Ltd
13 Nov 2007, D King, AA 354/07, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Parties agreed applicant not paid final week's wages and holiday pay - Respondent made part payment but amount remained outstanding - Respondent indicated it would not attend mediation or investigation meeting - Authority asked for information regarding respondent's finances to assess whether outstanding amount to be paid in full or in instalments - Information supplied inadequate for this purpose - Arrears due and owing and to be paid in full within seven days
Result:
Application granted ; Arrears of wages and holiday pay ($1,817.08) ; Disbursements in favour of applicant ($70)
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Vather v Immigration Placement Services Ltd
6 Mar 2008, R A Monaghan, AA 78/08, (2 pages)
ARREARS OF WAGES - Applicant claimed owed unpaid salary and payment in lieu of notice - Respondent previously advised unable to pay full amount as lump sum and set out schedule of payments - Only made first payment - Respondent claimed unable to pay due to delays in processing of visa applications by New Zealand Immigration Service - Arrears due and owing - Interest 8.85 percent
Result:
Application granted ; Arrears of wages ($5,461.50) ; Interest (8.85%) ; Disbursements in favour of applicant ($70)(Filing fee)
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Wallbank v TT Management Ltd
13 Feb 2008, V Campbell, AA 43/08, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - No appearance by respondent - Authority satisfied applicant worked for respondent and was owed outstanding wages - Arrears due and owing
Result:
Application granted ; Arrears of wages ($25,461.54) ; Arrears of holiday pay ($2,276.92) ; Disbursements in favour of applicant ($70)(Filing fee)
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Webster v Bush and Anor t/a Queenstown Physiotherapy
25 Jul 2007, J Crichton, CA 85/07, (5 pages)
ARREARS OF WAGES - Respondents provided cheque in full settlement of arrears claim when filed statement in reply - Payment forwarded to applicant - Matter resolved - BREACH OF CONTRACT - Counterclaim - Respondents alleged early termination of applicant's employment caused them loss - Sought damages equivalent to one week's notice - Applicant claimed only given part time hours, not full time as expected - Left employment as unable to meet obligations at reduced level of income - Respondents accepted employment agreement contained provisions which did not accord with nature of relationship they desired to have with applicant - However, submitted applicant would have been given more hours if she asked - Also, offered her more hours when she resigned - Counterclaim not made out - Unfair and unjust to further penalise applicant by requiring her to pay missing week's notice - Physiotherapist
Result:
Orders accordingly ; Counterclaim dismissed ; No order for costs
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Zhao v Splurf Ltd
14 Nov 2007, R Arthur, AA 355/07, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid wages and holiday pay - No appearance by respondent - Respondent did not dispute amount owed - Arrears due and owing - Programmer
Result:
Application granted ; Arrears of wages ($1,538.46) ; Arrears of holiday pay (6% of earnings) ; No order for costs
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