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Carroll v Silver Fern Farms (PPCS) Ltd
12 Dec 2008, P R Stapp, WA 166/08, (7 pages)
COMPLIANCE ORDER - Employment problem arose regarding arrangements for applicant's medical treatment for hearing loss/disability - Parties reached mediated settlement - Applicant claimed respondent did not honour mediated settlement and had not provided hearing aids as promised - Applicant claimed told by occupational nurse that would be entitled to hearing aids - At investigation meeting, applicant accepted that wording of mediated settlement was not that respondent would buy hearing aid - Authority found applicant unable to prove that respondent agreed to buy applicant hearing aid - Record of settlement made no express provision for respondent to arrange and buy applicant hearing aid - Record of settlement stated respondent to action applicant's claim, which respondent had done - Wording clear and unambiguous - Whatever applicant understood was meant was not converted in writing to mediated settlement - Authority found document submitted to Authority after investigation meeting did not assist applicant - Authority found not matter for compliance order
Result: Application dismissed ; Costs reserved
Labour Inspector (Henning) v Broadbat Ltd
20 Dec 2007, H Doyle, CA 154/07, (18 pages)
ARREARS OF HOLIDAY PAY - Identity of respondent - Employees employed by third party which sold business to respondent - Respondent now employer - Applicant Labour Inspector sought compliance with respondent's statutory obligations on behalf of five former and two current employees - No appearance by respondent - Arrears due and owing to employees - Interest 9 percent - PENALTY - Applicant sought penalty for respondent's failure to calculate and pay holiday pay and to provide records as requested - Separate penalties awarded for number of breaches - $200 for failure to calculate and pay holiday pay - Failure to provide records for former employees resulted in three $500 and one $600 penalty - Failure to supply records when requested by two current employees considered aggravating factor, $1,000 penalty for each breach - COMPLIANCE ORDER - Respondent ordered to comply with request to provide records
Result: Application granted ; Arrears of holiday pay ($2,320.95)(GM) ; ($1,979.95)(GP) ; Compliance ordered ; Penalty ($200)(s75 Holidays Act) ; ($4,100)(Total for failure to supply records to six employees) ; Disbursements in favour of applicant ($70)(Filing fee)
Service and Food Workers Union Nga Ringa Tota Inc. v European Master Butcher Ltd
15 Dec 2008, P R Stapp, WA 167/08, (2 pages)
COMPLIANCE ORDER - Applicant sought deduction and payment of union fees under s65A ERA - Authority found union member employees' individual employment agreements ("IEA") did not exclude or vary effect of s65A - Consent given by employees for deduction of union fees from wages and remittance of fees to applicant - Respondent agreed to comply with legal requirement that where consent given to deduct fees then fees to be paid to union in accordance with agreed arrangements - Compliance ordered
Result: Compliance ordered ; Costs reserved
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