Arrears - Holiday Pay - Employment Relations Act 2000
Barnes v Apex Transport Ltd
19 Dec 2007, R A Monaghan, AA 405/07, (8 pages)
UNJUSTIFIED DISMISSAL - Misconduct - Applicant had accident while driving - Asked to attend meeting - Alleged manager stated would be better if applicant resigned - Applicant left premises but did not want to resign - During later conversation applicant told fired - Respondent submitted applicant dismissed for damaging property - No evidence respondent investigated circumstances of accident or considered appropriateness of dismissal - Dismissal unjustified - Remedies - Applicant subsequently pled guilty to charge of careless driving arising from accident - Argued accident caused by fatigue for which he was not responsible - Circumstances did not excuse applicant entirely - Significant degree of contributory fault - Contributory conduct two thirds - ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid for final week due to failure to report to work and respondent’s belief he had resigned - Applicant submitted did not report for work as no work made available to him - Respondent in breach of obligation to provide work - Applicant entitled to wages for that period - Arrears due and owing - Driver
Result:
Application granted ; Reimbursement of lost wages ($5,147.01) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($1,561) ; Arrears of holiday pay ($128)(Sick pay) ; ($1,132.80)(Holiday pay) ; Costs reserved
Bradley v Mons
15 Nov 2007, H Doyle, CA 139/07, (9 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant alleged not paid for work performed - No appearance by respondent - Identity of employer - Business applicant worked for sold - Received letter signed by respondent and her husband as “directors” stating they were new owners - Unclear what company they were directors of - No written employment agreement - Applicant submitted only dealt with respondent - Doctrine of Undisclosed Principal - Applicant employed by respondent - No wages received after business sold - Part payment made after applicant left employment - Arrears due and owing - Late payment caused distress and embarrassment, warranted interest at 9 percent - However, letter from applicant not sufficient to raise personal grievance - COSTS - Applicant in person - Venue of investigation meeting chosen during conference call at request of respondent’s husband - Applicant required to travel to investigation meeting - Authority considered appropriate to reimburse applicant for reasonable expenses - Given unusual circumstances, applicant also able to claim wages lost as result of attending investigation meeting - Cleaner
Result:
Application granted ; Arrears of wages ($99.49 net) Holiday pay ($94.50) ; (Interest)(9%) ; Disbursements in favour of applicant ($344.30)(Travel expenses) ; ($180)(Lost wages) ; ($70)(Filing fee)
Wang v Bade Draper Solutions Ltd
17 Dec 2007, M Urlich, AA 396/07, (4 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Whether employee or volunteer - Respondent alleged applicant agreed to work unpaid trial period - Applicant claimed agreed hourly rate and received assurances would be paid when pursued unpaid wages - Respondent’s contention parties entered voluntary arrangement inconsistent with purported purpose of arrangement, to assess applicant’s suitability to work for reward - Trial periods required to be in writing - No voluntary probationary period - At minimum, applicant person intending to work and entitled to be paid for work performed - Agreed rate less than minimum wage - Arrears due and owing - UNJUSTIFIED DISMISSAL - Respondent claimed applicant dismissed for poor performance but provided positive reference - Applicant alleged told could no longer be employed as owner’s son to work her hours - Applicant’s evidence accepted - Dismissal unjustified
Result:
Application granted ; Reimbursement of lost wages ($337.50)(Two weeks) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($894.50) ; Arrears of holiday pay ($71.55) ; Costs reserved
