Arrears – Penalty - Employment Relations Act 2000
Green v Nouveau Holdings Ltd
2 Oct 2007, R A Monaghan, AA 302/07, (6 pages)
ARREARS OF WAGES AND HOLIDAY PAY – No appearance by respondent – Unlawful deduction from wages as no written authority – Authority calculated arrears of wages and holiday pay due and owing, reduced by amount applicant admitted owed respondent – Claim for overtime declined as parties had agreed to recognise overtime with time off in lieu – Applicant had not taken accumulated lieu time before resigned but, without more, not entitled to payment – Applicant’s other claims for reimbursement and equipment rental disallowed as no evidence or no agreement - PENALTY – Breach of employment agreement – Breach of Employment Relations Act 2000 - Applicant disputed employment agreement presented by respondent, claimed no agreement finalised – Information insufficient to support penalty for failure to supply written agreement – Apparently unreliable wage payments capable of amounting to breaches of employment agreement – Matter addressed in a global way as notional single failure to pay wages – Salesperson
Result: Application granted ; Arrears of wages ($3,415.03)(nett) ; Arrears of holiday pay ($844.80)(gross) ; Penalty ($500)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
