| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 62 |
| Hearing date | 21 May 2013 |
| Determination date | 28 May 2013 |
| Member | P R Stapp |
| Representation | M Williams ; No appearance |
| Location | Napier |
| Parties | Rean v Kirkland and Ors |
| Other Parties | Kirkland, Evento Company Ltd, Funworks Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – No signed employment agreement – No pay slips received – Applicant recorded hours worked in book – Applicant paid cash – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondents’ failure to pay wages – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution towards costs – No appearance for respondents – General labourer |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Statement of problem stated applicant worked for “company”. Letter to first respondent stated applicant past employee of third respondent. Employment agreement referred to third respondent. Sum deposited into bank account consistent with sum in applicant’s hours and pay book. Information from Ministry of Business, Innovation and Employment coordinator that fourth respondent applicant’s employer. Summary of wages and payslips referred to third respondent. Applicant employed by third and/or fourth respondent.;UNJUSTIFIED DISADVANTAGE: Applicant left employment because of respondents’ failure to pay wages. Applicant unjustifiably disadvantaged by respondents’ failure to pay wages. REMEDIES: No contributory conduct. Third and/or fourth respondent to pay applicant $5,040 reimbursement of lost wages. $2,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Not intermittent employment. Applicant underpaid by respondents. Holiday pay could not be paid on pay as you go basis. Applicant not paid final holiday pay. Applicant not paid time and a half for public holiday worked or day in lieu. Third and/or fourth respondent to pay applicant $699 arrears of wages and $1,344 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Third and/or fourth respondent to pay applicant $2,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($5,040) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($699.70) ; Arrears of holiday pay ($1,344.08) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s66;ERA Second Schedule cl12;Holidays Act 2003 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_62.pdf [pdf 156 KB] |