| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 34 |
| Hearing date | 29 Nov 2012 |
| Determination date | 26 March 2013 |
| Member | G J Wood |
| Representation | N Flint ; B Paradza |
| Location | Wellington |
| Parties | Ryder v Whitireia Independent Students Association Inc |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, holiday pay and bonus - Applicant agreed to delay in wages while respondent in financial difficulty - Whether applicant estopped from claiming arrears of wages - Whether respondent could withhold wages based on alleged role applicant played in defrauding respondent - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by suspension - Applicant suspended after money missing from respondent's account - Applicant key signatory on respondent's accounts - GOOD FAITH - PENALTY - Applicant sought penalty for respondents breach of good faith - Failure to pay agreed salary - Suspended without pay - COUNTERCLAIM - JURISDICTION - Whether applicant in employment relationship with respondent - President |
| Abstract | AUTHORITY FOUND:;ARREARS OF WAGES AND HOLIDAY PAY: No consideration to make delay in wages enforceable. Applicant not estopped from claiming arrears. Implicit if relationship ended, applicant entitled to payment. Police to determine applicant's role in fraud. Applicant not charged with fraud. No reason to withhold wages. Respondent entitled to bring claim against applicant for money not properly accounted for. Respondent to pay applicant $53,013 arrears of wages. No evidence applicant had holiday pay owing. No arrears of holiday pay. No evidence applicant entitled to bonus.;UNJUSTIFIED DISADVANTAGE: Respondent fair to suspend applicant. No unjustified disadvantage.;GOOD FAITH - PENALTY: Respondent genuinely believed applicant not entitled to wages. No breach of good faith. No penalty.;COUNTERCLAIM - JURISDICTION: Applicant employed by respondent. |
| Result | Application granted (arrears of wages); Arrears of wages ($53,013.70); Applications dismissed (arrears of holiday pay)(unjustified disadvantage)(good faith-penalty)(counterclaim - jurisdiction); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s6 |
| Cases Cited | Nelson v Porirua Community Law Resource Center Inc [1993] 2 ERNZ 1109;Singh v Sherildee Holdings Ltd t/a New World Opotiki unreported, Couch J, 22 Sept 2005, AC53/05 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_34.pdf [pdf 186 KB] |