| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 269 |
| Hearing date | 17 Jul 2012 |
| Determination date | 06 August 2012 |
| Member | K J Anderson |
| Representation | H Burdon ; J Dodunski |
| Location | Hamilton |
| Parties | Disher v JKD Farms Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Authority found applicant’s claims not supported by sufficient evidence – No arrears of holiday pay – BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement – Found applicant’s claims not supported by sufficient evidence – No breach of contract – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of cost of repairing damaged vehicles and value of lost tools and cows – Found no evidence to support respondent’s claims – No recovery of monies – Farm manager |
| Abstract | Applicant employed by respondent as farm manager. Applicant sought arrears of holiday pay. Applicant sought damages for respondent’s breach of employment agreement (“EA”). Respondent sought recovery of cost of repairing damaged vehicles and value of lost tools and cows. Applicant claimed not paid full annual leave entitlement or days in lieu of public holidays worked and not paid time and a half for public holidays worked. Applicant claimed respondent breached EA by not allowing applicant to have afternoon off each week or three day weekend each month. Respondent claimed applicant damaged four vehicles, lost tools and negligently failed to account for more than 130 cows applicant responsible for.;AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY: Applicant’s claims not supported by sufficient evidence. No arrears of holiday pay.;BREACH OF CONTRACT: Applicant’s claims not supported by sufficient evidence. No breach of contract.;COUNTERCLAIM – RECOVERY OF MONIES: No evidence to support respondent’s claims. No recovery of monies. |
| Result | Applications dismissed; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | ERA s130;Holidays Act 2003;Holidays Act 2003 s44B;Holidays Act 2003 s50;Holidays Act 2003 s81;Holidays Act 2003 s83 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_269.pdf [pdf 187 KB] |