| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 19 |
| Hearing date | 16 Jan 2013 |
| Determination date | 24 January 2013 |
| Member | D Appleton |
| Representation | L Asplet (in person) ; D Carruthers |
| Location | Greymouth |
| Parties | Asplet v Birchfield Minerals Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether respondent entitled to withhold wages and two weeks’ notice pay because of alleged theft by applicant – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for applicant’s unauthorised possession of respondent’s property – Whether applicant ordered grinding disks for personal use – Seizure of equipment by Police – Criminal charge – Engineer |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: No right for respondent to withhold payment of applicant’s accrued wages. Applicant did not intend to steal grinding disks but failed fundamentally to treat respondent with respect when failed to inform respondent of applicant’s actions. Manner in which applicant dealt with grinding discs fundamental breach of implied duty of trust and confidence between parties entitling respondent to treat relationship as at end. Respondent entitled to withhold two weeks’ notice from applicant. Respondent to pay applicant $2,286 arrears of wages. Respondent to pay applicant arrears of holiday pay, quantum to be determined. Leave reserved for parties to apply to Authority for determination of applicant’s holiday pay entitlement.;COUNTERCLAIM – BREACH OF CONTRACT: Applicant entitled to reimbursement for own grinding discs used but hard to believe applicant would have used all grinding discs taken away. Respondent entitled to be reimbursed for rental of gas bottle when applicant retained gas bottle after dismissal. Respondent unable to prove applicant took other equipment. Applicant to pay respondent $396 damages. |
| Result | Applications granted ; Arrears of wages ($2,286) ; Arrears of holiday pay (quantum to be determined) ; Damages ($396.78) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Crimes Act 1961;ERA s162;Holidays Act 2003 s25;Summary Proceedings Act 1957;Summary Proceedings Act 1957 s199;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s6(2) |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Christchurch_19.pdf [pdf 243 KB] |