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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)
D v M
1 Nov 2007, P Montgomery, CA 128/07, (13 pages)
UNJUSTIFIED DISMISSAL – Serious misconduct - Summary dismissal - Applicant lived and worked on respondent's farm - No written employment agreement - Respondent’s son claimed applicant sexually abused him – Respondent also claimed applicant removed daughter’s nappies at respondent’s home - Respondent called Police about allegations, and told applicant to leave farm immediately – Applicant denied allegations but said would have done same thing – Respondent claimed did not intend to dismiss, rather sole concern safety of children – Son did not disclose any sexual abuse during Police investigation – Insufficient evidence to support prosecution – Respondent called applicant and told him was “off the hook” – Applicant told respondent was “going to get him” – Likely applicant referring to pursuing employment rights - Applicant subjected to verbal abuse and physical assault when allegations revealed in community – Non-trespass order served on applicant – Absence of documentation covering terms of employment agreement and alleged warnings raised significant difficulties for Authority - Respondent claimed employment fixed term and to end after lambs sold - No evidence fixed term complied with requirements of s66 Employment Relations Act 2000 - Employment not fixed term - Authority found applicant left farm at direction of respondent, and solely because of untested allegations – Failed to address employment situation at all – No investigation carried out – Police investigation meant substantive basis for sending away eroded significantly – Respondent took no steps to address applicant on how inevitable termination could be resolved, or to reach settlement when was open to it – Applicant’s statement would have done same thing did not absolve respondent of its obligations – In circumstances, relationship irretrievable – However, respondent not relieved of obligations to do whatever fair and reasonable for applicant – Dismissal unjustified – Remedies - Interest 9.5 percent on lost wages - ARREARS OF HOLIDAY PAY - Holiday pay due and owing - Interest 9.5 percent - Permanent name suppression of parties and witnesses ordered
Result: Application granted ; Reimbursement of lost wages ($6,571)(4 months) ; Arrears of holiday pay ($917.30) ; Interest (9.5%) ; Compensation for humiliation etc ($12,000) ; Costs reserved
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