| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 90 |
| Hearing date | 7 Aug 2012 |
| Determination date | 09 August 2012 |
| Member | G J Wood |
| Representation | C Gardner (in person) ; No appearance |
| Parties | Gardner v Irelands Electrical Services Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found respondent effectively terminated applicant’s employment – Found applicant’s claim for arrears of holiday pay overlapped with respondent’s failure to pay applicant wages in lieu of notice, applicant’s claims adjusted accordingly - Respondent to pay applicant $5,461 arrears of wages and $3,872 arrears of holiday pay - Interest payable - Office Person and Sales Representative |
| Abstract | Applicant employed as office person and sales representative. Applicant sought arrears of wages and holiday pay. No appearance for respondent. Applicant often not paid on time or in instalments due to respondent’s financial difficulties. Applicant told respondent if not paid for previous month’s work would have to give notice. Respondent told applicant would have to let applicant go as could not afford to pay money outstanding. Applicant not paid arrears of wages, arrears of holiday pay or arrears in lieu of one month notice period.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Given respondent’s history of avoiding investigation process, Authority satisfied no good cause for respondent’s failure to appear at investigation meeting and appropriate to continue with investigation meeting. Respondent effectively terminated applicant’s employment. Applicant’s claim for arrears of holiday pay overlapped with respondent’s failure to pay applicant wages in lieu of notice however applicant under-claimed for notice period as applicant only sought four weeks yet entitled to one month’s notice. Applicant’s claims adjusted accordingly. Respondent to pay applicant $5,461 arrears of wages and $3,872 arrears of holiday pay. Interest payable. |
| Result | Application granted ; Arrears of wages ($5,461.45) ; Arrears of holiday pay ($3,872.94) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Wellington_90.pdf [pdf 99 KB] |