| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 44 |
| Hearing date | 28 Feb 2012 |
| Determination date | 12 March 2012 |
| Member | M B Loftus |
| Representation | P Muckle (in person) ; A Broad |
| Location | Nelson |
| Parties | Muckle v AB Transmissions Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought unpaid wages and holiday pay – Respondent claimed did not owe applicant as much as sum sought – Authority found no written employment agreement – Found no evidence parties discussed salary – Found parties intended applicant would one day own business – Found unusual business practices such as applicant lent money to respondent and blas� attitude to timeliness of wage payments – Found applicant could receive payment in cash or respondent would take care of bills – Respondent ceased operating – Found liquidation inevitable – Applicant claimed resigned due to stress caused by financial situation – Found applicant entitled to have claim considered as Inland Revenue did not apply for stay of proceedings – Found applicant failed to quantify amount owing – Found applicant’s calculation was guess – Found applicant did not consider wage records in calculating sum – Applicant claimed unpaid sick leave – Found applicant paid annual leave for period in question as did not have enough sick leave – Found no contractual base for applicant’s claim for long service leave – Found respondent approved applicant’s attendance at funeral – Found bereavement leave not limited to relatives – Found bereavement leave due and owing – Workshop Foreman |
| Result | Application granted ; Arrears of wages and holiday pay ($26,426.85) ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Arrears |
| Statutes | Companies Act 1993 s247;Holidays Act 2003 s39(2)(b);Holidays Act 2003 s69(2)(b) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Christchurch_44.pdf [pdf 23 KB] |