| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 39 |
| Determination date | 08 March 2012 |
| Member | P Cheyne |
| Representation | P Morris (in person) ; G Thomas (in person) |
| Location | Christchurch |
| Parties | Morris v Thomas and Anor |
| Other Parties | De Klerk |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed unpaid wages and holiday pay – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed not provided with employment agreement and paid sporadically during employment – Applicant claimed left employment because could not afford not to be paid regularly or personally pay work related expenses for respondents’ business – Applicant claimed employed by respondents as respondents lived together as couple – Applicant claimed did not know extent of second respondent’s (“K”) involvement in business except witnessed discussions that suggested respondents were business partners – Authority found company that respondents were shareholders of not employer because employment began before company formed – First respondent (“T”) claimed K not involved as business partner – Found T sole employer of applicant – Found no reason to doubt applicant’s evidence of number of hours worked – Applicant claimed never told what rate of pay would be – Parties disputed appropriate rate of pay – Authority preferred T’s evidence about rate of pay – Applicant received cash and payment by direct credit into bank account – Found applicant entitled to further $3,048 arrears of wages and holiday pay – RECOVERY OF MONIES – Found no dispute applicant paid for various items used by business – Found applicant entitled to be reimbursed for items – Found T to pay applicant $511 to reimburse expenditure – Found no agreement about mileage allowance – Interest payable – Maintenance Worker |
| Result | Application granted ; Arrears of wages and holiday pay ($3,048.96) ; Recovery of monies ($511.57) ; Interest (5%) ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_39.pdf [pdf 18 KB] |