Previous Section | Table of Contents | Next Section
Adam v Intrepid Taxation Consultants Lower Hutt Ltd and Anor
10 Oct 2006, GJ Wood, WA 136/06, (2 pages)
ARREARS OF WAGES - No appearance for respondents - Applicant not paid final pay when resigned - Identity of employer - First respondent named on employment agreement - However, not registered company and second respondent paid wages - Second respondent applicant's employer - Another non-registered company admitted arrears owing - Second respondent ordered to pay unpaid wages - Interest 6 percent
Result: Application granted ; Arrears of wages ($235.50) ; Interest (6%) ; Disbursements in favour of applicant ($70)
Blundell v Built Rite Builders Ltd
19 Sep 2006, L Robinson, AA 299/06, (3 pages)
ARREARS OF WAGES - No statement in reply and no appearance for respondent - No written employment agreement - Applicant's unchallenged evidence accepted - Arrears due and owing - Interest 9 percent - Hammer-hand
Result: Application granted ; Arrears of wages ($1,047.50) ; Interest 9% ; No order for costs
Gillette v Cooley
5 Sep 2006, G J Wood, WA 119/06, (3 pages)
UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by applicant - Applicant's representative given leave to withdraw before investigation - Neither respondent or former representative knew how to contact applicant - Respondent's evidence accepted - Applicant never directly told respondent why left employment - Statement of problem claimed left because respondent failed to investigate fight between applicant and fellow worker, and method of dismissal of that worker - Respondent decided not to investigate fight as took place after work and off site - Decision fair and reasonable employer would likely make - Other employee's dismissal had no direct impact on applicant in employment context - No breach of duty by respondent - No causal connection between applicant leaving and events described - No constructive dismissal - ARREARS OF WAGES - All wages paid - Applicant claimed respondent obliged to pay transport money each week - Respondent gave another employee money in first week of employment because of immediate transport difficulties - Applicant received money as took worker to site - Obligation to pay transport money did not continue beyond first week of other worker's employment - No monies owing to applicant under arrangement - Length of service five weeks
Result: Application dismissed ; Costs reserved
Ireton v River City Export Beef Ltd
22 Sep 2006, GJ Wood, WA 129/06, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Respondent accepted arrears of holiday pay and wages due and owing - However, claimed had no assets and significant other liabilities and applicant must remain creditor - Applicant also sought pay for unpaid sick leave taken as result of stress - Respondent declined to pay as did not accept responsible for stressors applicant suffering from - Genuine illness - Applicant had outstanding sick leave entitlements and entitled to be paid for period - Plant/Compliance manager
Result: Application granted : Arrears of wages ($588.45)(3 days) ; ($3,923.08)(notice) ; ($980)(sick leave) ; Arrears of holiday pay ($784.60) ; Costs reserved
Jennings v Rodney's Welding Shop Ltd
5 Sep 2006, D King, AA 281/06, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid annual leave and reimbursement of wages deducted for purportedly unsatisfactory work - No appearance by respondent - At start of investigation meeting Authority informed company in liquidation - Authority support officer also told company no longer trading - Respondent still on companies register and no indication in liquidation - As respondent chose not appear, determination based on applicant's evidence - Holiday pay owing on termination of employment - Deductions illegal - Arrears due and owing - Interest 9.5 percent - PENALTY - Penalty appropriate for breach of Wages Protection Act 1983 - Only Labour Inspector could bring action to recover penalty for breach of s75 Holidays Act 2003
Result: Application granted ; Arrears of wages ($225) ; Arrears of holiday pay ($527.58) ; Interest (9.5%) ; Penalty ($4,000)($2,000 payable to Crown, $2,000 payable to applicant) ; Disbursements in favour of applicant ($70)(Filing fee)
Lawson v Wentworth College Board of Trustees
1 Sep 2006, V Campbell, AA 278/06, (2 pages)
ARREARS OF WAGES - Applicant a teacher - Resigned before school holidays and gave finishing date of two weeks into new school year - At end of school year applicant told no longer required - Continued to be paid over holidays until replacement teacher started - Applicant sought wages until date she started new employment - Respondent accepted resignation as provided - Applicant available to assist with hand over of duties to replacement but not called upon - Applicant not required to attend work during first week of new school year but week formed part of notice period - Entitled to be paid for that week - Teacher
Result: Application granted ; Arrears of wages (One week) ; No order for costs
Li v Astral Management Ltd
24 Aug 2006, P Cheyne, CA 129/06, (5 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Two written employment agreements; one in Mandarin, other in English - Significantly different terms - English agreement signed last and applied during employment - Accuracy of applicant's record of hours worked not accepted - Overtime claim rejected - Authority did not accept applicant commenced employment before restaurant opened - Benefit of any doubt about wages paid given to applicant as respondent failed to keep proper record - Outstanding sum could represent alleged deductions - Deductions illegal as respondent never had written authority - Respondent conceded holiday pay owing - Arrears due and owing - Employment agreement included bonus provision - Agreement did not say discretionary - No bonus paid but applicant periodically given gifts and cash - Fair to treat these as discharging obligation to pay bonus - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged respondent breached duty by failing to renew work permit - Continued working for two days after permit expired then went to Police, alleging respondent would not return passport - Passport with respondent's solicitor to process renewal application - Personal grievance raised and applicant made clear did not want permit renewed - Evidence established respondent wanted employment to continue and started process for renewing permit - Authority accepted failure to initiate renewal earlier not solely (or perhaps at all) respondent's responsibility - No employment obligation breached - No constructive dismissal - Length of service 11 months 11 days - Chef
Result: Application dismissed (Unjustified dismissal) ; Application granted in part (Arrears of wages and holiday pay) ; Arrears of Wages ($4,947.67)(Salary) ; Arrears of holiday pay ($2,272.60)(Annual and statutory holidays) ; Costs reserved
Maiden v Maihi
22 Sep 2006, PR Stapp, WA 128/06, (3 pages)
ARREARS OF WAGES - Not constructive to direct parties to mediation as respondent put condition on attendance that was unacceptable to applicant - No statement in reply and respondent failed to supply wage and time records as requested - Respondent's attendance at investigation only resulted from Authority contacting him on the day, and he failed to co-operate with investigation meeting - Acknowledged ripped up papers when served - Applicant worked one day as casual employee - No written employment agreement and neither party had any idea of agreed rate of pay - Authority accepted applicant's pay rate calculation as respondent could not produce details of national rate - COUNTERCLAIM - Authority did not deal with respondent's argument owed money for applicant's use of shearing equipment as no evidence of agreement on payment - Arrears due and owning - Interest 9 percent - UNJUSTIFIED DISADVANTAGE - Respondent's actions in not paying applicant unjustified - However, applicant not disadvantaged because only employed one day and problem could be resolved as recovery of wages - No unjustified disadvantage - Length of service one day - Shearer
Result: Application granted (Arrears of wages) ; Arrears of wages ($138.60) ; Interest ($8.95)(9%) ; Application dismissed (Unjustified disadvantage) ; Disbursements in favour of applicant ($70)(Filing fee)
Metcalf (Labour Inspector) v Lal t/a Jag Lal Lawyers
10 Oct 2006, R Monaghan, AA 316/06, (1 pages)
ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears on behalf of P - Parties agreed sum owed - Respondent ordered to pay arrears due and owing - Interest 7.7 percent - PENALTY - Penalty sought for failure to pay holiday pay - Respondent indicated impecunious - Previous attempt made to resolve matter but parties unable to agree amount owed - Penalty not warranted in circumstances - COSTS - Applicant entitled to be reimbursed filing fee
Result: Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($918.49) ; Interest (7.7%) ; Disbursements in favour of applicant ($70)(Filing fee) ; Application dismissed (Penalty)
Morrissey v Ofsoske
4 Apr 2007, V Campbell, AA 101/07, (4 pages)
ARREARS OF HOLIDAY PAY - Applicant based calculation for arrears claim on premise agreed to salary and accommodation benefit with respondent - In support of claim relied on document alleged was confirmation of terms and conditions of employment - Respondent denied document employment agreement - Claimed gave applicant template sharemilker’s agreement after discussing possibility of such arrangement - Document unsigned and important aspects not completed including remuneration clause - Also contained matters not appearing to be related to employment - Authority found more likely than not document provided as example of what might be available if applicant was to undertake sharemilking contract - Did not constitute employment agreement - Authority satisfied agreed to weekly rate and free accommodation -Applicant not paid time and ½ for working public holidays or given alternative holidays - Applicant took annual leave in advance - Overpaid as did not complete 12 months service - Money due and owing, less overpayment - ARREARS OF WAGES - Applicant claimed entitled to four days off each month - Preferred respondent's evidence that agreed to three days off - Took off all days to which entitled - Counterclaim - Claimed applicant owed money for taking livestock - No dispute applicant purchased calves - Sale and purchase agreement not part of employment agreement therefore outside Authority's jurisdiction
Result: Application granted (Arrears of holiday pay)($771.39 less overpayment to $529.67) ; Application dismissed (Arrears of wages, Counterclaim) ; Costs to lie where they fall
Rongonui & Anor v P Te Whata & Anor
15 Feb 2007, P Cheyne, CA 17/07, (6 pages)
PRACTICE AND PROCEDURE - Identity of employer - Applicant signed "agreement to contract" - Employer named on contract not Maori incorporation, as claimed by respondent, or other legal entity - Respondents clearly controlled shearing gang, and signed agreement - Applicant entered legal relationship with respondents trading as employer named in contract - Authority made order identifying respondents by full names - JURISDICTION - Whether employee or independent contractor - Although contract in language of contract for services and negated several usual incidents of employment, applicant not working on own account - Had no control over work conditions - Work integral to respondents business - Real nature of relationship employment - Employee - Applicant made submissions about fairness of terms and circumstances in contract - If had found relationship not employment, s6 Minors' Contract Act 1969 would have applied since applicant young (16 years old) - UNJUSTIFIED DISMISSAL - Applicant claimed threatened with violence - Left job after sworn at but agreed to return - Parties later argued about getting sheep into shed - Applicant said not his job - Told to leave and not come back - Initiative for termination of employment came from respondent - Words used could constitute dismissal and did so in circumstances - Nothing about respondent's response could have constituted actions of fair and reasonable employer - Unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Given unjustified dismissal finding unnecessary to deal with disadvantage claim - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of holiday pay due and owing - Respondent made "charitable tax" deductions from applicant's wages - Deducted wages due and owing, unless respondent could account for it by proving payment made to Inland Revenue - Length of service two weeks - Shearing gang presser
Result: Application granted ; Compensation for humiliation etc $2,000 ; Arrears of wages ($239.42)(charitable tax deduction) ; Arrears of holiday pay ($68.41) ; Costs reserved
Previous Section | Table of Contents | Next Section
