Arrears - Holiday Pay - Employment Relations Act 2000
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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 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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Denyer (Labour Inspector) v Les Griffin Ltd
29 Nov 2007, J Scott, AA 374/07, (4 pages)
ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought to recover holiday pay on behalf of RD - No appearance by respondent - Respondent's failure to engage meant matter resolved solely on information provided by RD - Authority satisfied Inspector's calculations correct - Arrears due and owing
Result:
Application granted ; Arrears of holiday pay ($121.50) ; ($225)(Sick pay) ; ($562.50)(Alternative days) ; Disbursements in favour of applicant ($70)(Filing fee)
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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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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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Labour Inspector (Darren Carr) v H F C Ltd t/a Big River Cafe
15 Nov 2007, D King, AA 357/07, (2 pages)
ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of behalf of CS - Respondent failed to respond to Inspector's initial claim - No appearance by respondent - Arrears due and owing - Interest 10.71 percent - PENALTY - Respondent to pay penalty for failure to pay outstanding holiday pay and failure to provide holiday records
Result:
Application granted ; Arrears of holiday pay ($1,225.24) ; Interest (10.71%) ; Penalty ($5,000)(Failure to pay) ; ($5,000)(Failure to provide records)(both payable to Crown) ; disbursements in favour of applicant ($70)(Filing fee)
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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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Metcalf (Labour Inspector) v M Torok Holdings Ltd
27 Nov 2007, Y S Oldfield, AA 369/07, (3 pages)
ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought holiday pay on behalf of TC - Respondent did not dispute quantum claimed but indicated had no assets to make payment - Arrears due and owing - Interest 9 percent - PENALTY - Respondent's liability not established until it was without assets - Punishment with penalty not appropriate
Result:
Application granted (Arrears) ; Arrears of holiday pay ($6,741.62) ; Interest (9%) ; Application dismissed (Penalty) ; Disbursements in favour of applicant ($70)(Filing fee)
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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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Patterson v Avalon Ltd t/a Rosebank Winery
31 Aug 2007, P Cheyne, CA 108/07, (5 pages)
UNJUSTIFIED DISMISSED - No appearance by respondent - Applicant criticised after used telephone at work - Later suspended and respondent indicated it did not want her back at work - Applicant raised grievances in relation to suspension and apparent dismissal - Respondent's response did not attempt to say applicant not dismissed - Circumstances amounted to sending away - Dismissal unjustified - Suspension not dealt with separately, although also unjustified - Remedies - Authority accepted applicant probably more affected by events than others might be because of pre-existing health problem - ARREARS OF HOLIDAY PAY - Applicant worked briefly for respondent in 1999 before commencing regular employment following year - Discontinuous periods of employment - First obligation to pay holiday pay arose when first period of employment ended - Claim relating to first period of employment unsuccessful as recovery proceedings not initiated within six year limitation period - Holiday pay due and owing for second period of employment, including alternative holidays and time and a half payments - Interest 10 percent - COSTS - Length of investigation meeting not specified - Costs in applicant's favour
Result:
Application granted ; Reimbursement of lost wages ($1,460.85) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($2,153.99) ; Interest (10%) ; Costs in favour of applicant ($750)
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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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Taljaard (Labour Inspector) v Jatcom Printing Ltd t/a The Pukekohe Printing Works
30 Oct 2007, L Robinson, AA 341/07, (5 pages)
ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay on behalf of AP - Respondent did not file statement in reply but granted leave to defend application at investigation meeting - Respondent failed to produce wage and time records when requested - Information it did provide inadequate and unreliable - Respondent failed to keep and maintain wage and time record as required - AP's evidence of arrears accepted - Arrears due and owing - Interest 10 percent - PENALTY - Penalty for failure to provide wage records warranted - Respondent's evidence of precarious financial position accepted - Penalty to be paid by instalments
Result:
Application granted ; Arrears of holiday pay ($912) ; Interest (10%) ; Penalty ($1,000)(Payable to Crown) ; ($1,000)(Payable to applicant) ; Disbursements in favour of applicant ($70)
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Turner v Pacifica Seafoods (Christchurch) Ltd
25 May 2007, H Doyle, CA 57/07, (16 pages)
DISPUTE - GOOD FAITH - Entitlement to notice of termination and redundancy payment - Employment status - Respondent argued applicant's status changed to casual during employment due to downturn in business - Employment agreement stated days of work "as required" but also contained provisions inconsistent with casual employment - Applicant did not recall restructuring process and or consider himself casual employee - Regular work pattern and clear expectation of ongoing employment - Applicant permanent employee - Employment terminated one day after advised business sold - Respondent claimed sale unplanned and complete confidentiality required for commercial reasons - Notice given to applicant not reasonable, however, Authority accepted applicant not entitled to monetary compensation as on unpaid leave due to injury - Applicant also sought redundancy compensation - Respondent argued no contractual entitlement to payment - Authority unable to fix new terms of employment - However, as applicant's redundancy entitlement assessed on mistaken basis he was casual employee, in good faith, respondent should reassess entitlements - PENALTY - In circumstances where respondent unable to give employees advance warning of sale, discussion about entitlements even more important in terms of good faith process - However, degree of seriousness required to warrant penalty not reached - Good faith issues regarding absence of consultation and notice should form part of respondent's reassessment of entitlements - ARREARS OF HOLIDAY PAY - Except for first week ACC compensation payable by employer, no payments received under Injury Prevention, Rehabilitation and Compensation Act 2001 to be taken into account when calculating holiday pay - Public holidays that fell during unpaid leave would not have been otherwise working day as applicant not available to work - Calculation referred to Labour Inspector - Leave reserved on issues relating to payment of sick leave
Result:
Questions answered ; Orders accordingly ; Costs reserved
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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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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
