| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 23 |
| Determination date | 16 February 2012 |
| Member | J Crichton |
| Representation | A Akeson (in person), C McKay ; H Learmonth (in person) |
| Location | Christchurch |
| Parties | Akeson v Learmonth and Anor |
| Other Parties | Learmonth |
| Summary | PRACTICE AND PROCEDURE – Application to re-open investigation and set aside previous Authority determination - Previous Authority determination erroneously issued before respondents made closing submissions – Authority re-opened investigation to consider closing submissions – Applicant sought rehearing by another Authority member – Authority satisfied proper approach for same Authority member to consider closing submissions - Respondents previously claimed applicant failed to provide services in Samoa while respondents on family holiday - Authority previously found respondents could not stop paying applicant wages because dissatisfied with applicant’s performance – Applicant claimed did not agree to being sent home early – First respondent (“J”) claimed told applicant before Samoa trip about likely sleeping arrangements and lack of privacy – Authority found applicant gave informed consent to Samoa trip – J denied took applicant to airport and applicant had to arrange own flight home – J claimed paid upgrade cost so applicant could change flight – Found could not criticise respondents’ conduct when applicant left Samoa – Parties disputed responsibility for destroyed tyre when applicant drove respondents’ vehicle – J denied applicant paid half of replacement tyre costs – Found more likely applicant did not compensate respondents for half of replacement tyre costs – Authority previously ordered respondents to pay applicant $1,189 arrears of wages and holiday pay – Respondents claimed parties agreed in advance six days not working days for applicant – Found respondents not liable for arrears of wages and holiday for six day period – Parties agreed applicant could take two days’ paid sick leave but would make up hours later as not entitled to paid sick leave – Authority preferred respondents’ evidence applicant never made up hours – Parties’ diary showed applicant worked different hours each week and hours frequently carried over from one week to next – Found applicant owed respondents 25 hours when employment ended – Respondents claimed applicant only worked 14 weeks after deductions for periods did not work and paid sick leave – Found applicant had already received payment for 14 weeks’ wages - Order respondents to pay applicant arrears of $1,189 wages and holiday pay reversed – Ordered previous Authority determination set aside - Au Pair |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Christchurch_23.pdf [pdf 40 KB] |