| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 203 |
| Hearing date | 13 Dec 2011 |
| Determination date | 15 December 2011 |
| Member | M B Loftus |
| Representation | D Rose (in person) ; J Benefield |
| Location | Christchurch |
| Parties | Rose v Hibell Holdings Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed respondent withheld applicant’s final pay including holiday pay when employment ended – Respondent withheld $3,199 but applicant sought $949 arrears of wages and holiday pay – Respondent accepted withheld applicant’s final pay but claimed actions were justified as applicant owed respondent greater amount – Respondent’s operations manager (“H”) and applicant recorded terms and conditions of employment when commenced – Employment agreement (“EA”) did not include parties’ verbal agreement that respondent would pay for applicant’s removal expenses if applicant was employed by respondent for at least one year – EA drafted by respondent’s manager (“B”) – B did not discuss EA’s terms and conditions with applicant after drafting – EA provided respondent could deduct from wages or holiday pay any monies owed by applicant – H claimed advised B of parties’ agreement about removal costs and should have been recorded in EA – Applicant resigned six months after employment commenced and proposed would reimburse respondent for half of removal costs – Applicant proposed would move earlier to ensure applicant’s accommodation was free for new employee - Applicant claimed B accepted applicant’s proposal as did not discuss removal costs and asked applicant to leave as soon as possible – B claimed entitled to reimbursement of full removal costs as applicant had not remained employee for one year – Authority found parties had varied original contract – Found B accepted applicant’s proposal applicant would move as soon as possible but did not suggest was also rejecting applicant’s proposal that applicant only pay half of removal costs – Found respondent estopped from seeking reimbursement of full removal costs after parties’ arrangement altered – Found $949 arrears of wages and holiday pay owing - Herd Manager |
| Result | Application granted ; Arrears of wages and holiday pay ($949.90) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Cases Cited | Walton Stores (Interstate) Ltd v Maher (1988) 76 ALR 513 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_203.pdf [pdf 40 KB] |