| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 79 |
| Hearing date | 12 Apr 2012 |
| Determination date | 01 May 2012 |
| Member | P Cheyne |
| Representation | K Murray ; K Pow, M Pow (in person) |
| Location | Christchurch |
| Parties | Wilson & Anor v Pow & Anor |
| Other Parties | Wilson ; Pow |
| Summary | ARREARS OF WAGES - Applicants sought arrears of wages and holiday pay - Authority found respondent not entitled to deduct from first applicant's (R") wages cost of repairing alleged damage to provided accommodation as did not seek or have R's consent - Respondent to pay R $1,446 arrears of wages - Found second applicant ("J") employed on salary not hourly rate - Respondent to pay J $2,624 arrears of wages and holiday pay - Interest payable - Farm manager and relief milker" |
| Abstract | First applicant (R") employed as farm manager and second applicant ("J") employed as relief milker. Respondent stopped paying applicants after received applicants' resignation. Respondent claimed as had paid second applicant ("J") in advance, had already paid J up to date after notice period ended. Respondent claimed withheld first applicant's ("R") holiday pay as applicants damaged accommodation provided by respondent. Respondent noted full amount of wages owing to applicants each pay period, noted deduction for accommodation and paid applicants balance. Respondent paid R $935 as balance of holiday pay after deductions for damage to respondent's property. J claimed respondent offered J employment on salary. Respondent failed to provide J with written employment agreement ("EA"). Respondent claimed applicants should have discussed final pay before resigned and applicants misled respondent about reasons for resignation. Applicants expected employment would be for at least 12 months. Applicants claimed left accommodation clean and tidy when left and any damage already there. First applicant ("R") claimed accident during employment with respondent caused loss of first week's earnings in subsequent employment and sought compensation.;AUTHORITY FOUND -;ARREARS OF WAGES: R paid salary not hourly rate and respondent incorrectly offset applicant's entitlement based on hourly rate when calculated final pay. Respondent not entitled to deduct from R's wages cost of repairing alleged damage to provided accommodation as did not seek or have R's consent. Respondent's claim for deduction from R's wages for alleged damage to accommodation should fail as lack of evidence. No explanation given why respondent completed significant repair work after applicants left and whether related to applicants' alleged liability. Respondent to pay R $1,446 arrears of wages. Interest payable. J employed on salary, not on hourly rate. Respondent to pay J $2,624 arrears of wages and holiday pay. Interest payable.;RECOVERY OF MONIES: Decision in R's favour likely but R had not provided evidence and wage records from new employer to establish R had time off. Leave reserved for parties to return to Authority if R produced requested records." |
| Result | Applications granted ; Arrears of wages ($1,446.30)(first applicant) ; Arrears of wages and holiday pay ($2,624.71)(second applicant) ; Interest payable (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Accident Compensation Act 2001 s98;Accident Compensation Act 2001 s99;Holidays Act 2003 s14;Holidays Act 2003 s23;Holidays Act 2003 s27(2);Holidays Act 2003 s56;Holidays Act 2003 s57;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1) |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Christchurch_79.pdf [pdf 53 KB] |