| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 251 |
| Hearing date | 14 Feb 2014 |
| Determination date | 18 June 2014 |
| Member | R A Monaghan |
| Representation | L Zhao (in person) ; N Liang |
| Parties | Zhao v D & C Scaffolfing (Eastern Auckland) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant entitled to payment for final week's work when did not report for work - Offer of two weeks' redundancy compensation - PENALTY - Authority considered whether to impose penalty for respondent's breach of Wages Protection Act 1983 - Truck driver |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant queried or disagreed with compensation offered for applicant's redundancy but did not raise grievance. Approaches to respondent's accountant not sufficient to raise grievance as accountant not employer and discussion only concerned calculation of wages and holiday pay owed at termination of employment. Applicant's statement of problem lodged within 90 days but did not meet requirements for raising of grievance. Grievance not raised within 90 days.;ARREARS OF WAGES: Applicant permitted to take time off to attend interviews during final week of work but absence from work for entire week unauthorised. Applicant did not accept offer of two weeks' additional pay but entitled to further two weeks' payment of notice under employment agreement. Applicant not entitled to payment of overtime as employment agreement provided salary covered all hours worked and applicant obliged to work extra hours when reasonably requested by respondent. Respondent to pay applicant arrears of wages, quantum to be determined.;PENALTY: Respondent not entitled to withhold payment of holiday pay while attempting to obtain applicant's agreement to compensation offered. Respondent's policy of not making final payments until employee signed termination of employment form flawed. Payment could not be withheld while desired written consent to deduction sought. Respondent misunderstood and misapplied obligations in number of respects. $1,000 penalty appropriate. |
| Result | Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Penalty ($1,000)(payable to applicant) ; Application dismissed (raising personal grievance) ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA Part 6A;ERA s103;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act 1983 s13 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_251.pdf [pdf 242 KB] |