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Buksh v Home Investment Group Ltd
4 Sep 2007, J Scott, AA 273/07, (4 pages)
ARREARS OF WAGES AND HOLIDAY PAY – Applicant initially treated as casual employee and not paid on public holidays – Parties subsequently entered into written employment agreement – Received pay increase and paid for public holidays – Applicant received further pay increase and advised entitled to four weeks annual leave – Applicant not paid for last month of work and resigned – Withdrew resignation when received two lump sums as part payment of wages – Applicant received no further wages and later abandoned employment – Authority determined applicant permanent part-time employee from commencement of employment – Entitled to be paid for all public holidays that fell on what would otherwise have been working days – At investigation meeting, parties agreed respondent would make payment to applicant to settle claim – However, respondent did not abide by agreement – Labour Inspector commenced investigation into applicant’s claim and calculated arrears – Arrears due and owing – Interest 10 percent - Office worker
Result: Application granted ; Arrears of wages and holiday pay ($3,738.80) ; Interest (10%) ; Disbursements ($70)(Filing fee)
Horn v TC Painting Ltd & Anor
11 Oct 2007, V Campbell, AA 315/07, (3 pages)
ARREARS OF WAGES – No appearance by respondent - In initial statement of problem applicant cited both respondents as unsure which company she worked for – At investigation meeting applicant acknowledged employed by first respondent and withdrew claims against second respondent – In response to statement of problem, respondent gave Authority cheque for sum claimed - However, cheque not honoured – On morning of investigation meeting respondent indicated to applicant would pay sum owed by instalments - Applicant later informed Authority had received part payment – Remainder of outstanding wages due and owing
Result: Application granted ; Arrears of wages ($203.62) : Disbursements ($70)(Filing fee)
Khodabandeh v TC Painting Ltd
12 Oct 2007, V Campbell, AA 317/07, (4 pages)
ARREARS OF WAGES – Applicant sought arrears of wages – No appearance by respondent – Respondent advised Authority going into liquidation, however registered company at time of investigation meeting – Applicant produced timesheets in support of claim – Claimed respondent previously agreed it owed $6,900, a sum including an amount for interest, and agreed to a payment schedule - No payments received – Respondent ordered to pay $6,900 to applicant – Comment from Authority on enforcement of judgment
Result: Application granted ; Arrears of wages ($6,900) ; Disbursements ($70)(Filing fee)
Safeway Scaffolding (NZ) Ltd v Kiwara
29 Nov 2007, J Scott, AA 371/07, (2 pages)
RECOVERY OF MONIES – Applicant sought to recover money spent training former employee and cost of vest he did not return when he left – No appearance by respondent – Employment agreement contained clause requiring company property to be returned, and any debts to be repaid, before final wages would be paid – Respondent signed agreement to repay company for training course if left employment within two years – Applicant claimed respondent abandoned employment – Applicant witness credible and documentation supported claim – Respondent directed to pay sum sought by applicant
Result: Application granted ; Recovery of monies ($2,925.73) ; No order for costs
Waikaremoana Te Kohanga v Anderson
17 Sep 2007, D Asher, WA 130/07, (5 pages)
RECOVERY OF MONIES – Record of oral determination - Applicant alleged overpaid respondent and asked that she be directed to repay amount by weekly instalments – No appearance by respondent – Applicant’s evidence accepted – Administrative oversight meant respondent continued to be paid for three weeks after left employment – Respondent had previously advised in receipt of domestic purposes benefit and would have difficulty making repayments – Authority did not accept respondent’s claim payment represented her holiday pay as wage and time records showed separate holiday payment – Appropriate for respondent to repay money by weekly instalments of $50
Result: Application granted ; Recovery of monies ($690.54) ; Costs reserved
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