| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 349 |
| Hearing date | 13 Aug 2014 |
| Determination date | 26 August 2014 |
| Member | T G Tetitaha |
| Representation | V Taylor (in person) ; D Henare |
| Location | Hamilton |
| Parties | Taylor v DBuilt Construction Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Stopwork notice issued for project applicant working on - No wage and time records - No written employment agreement - Project manager |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: No concluded agreement between parties about minimum retention fee. Applicant engaged for short period of time with no regular work pattern. No guarantee of work from week to week and no obligation on respondent to offer work. Applicant casual employee. Applicant aware of stopwork notice on particular project and no direct instruction for applicant to remain onsite to oversee subcontractors. Apart from two hours cleanup and securing site following stopwork notice, remaining work not for or directed by respondent. Applicant failed to deduct lunch breaks from some hours claimed. Inconsistencies between applicant's diary and jobsheets. Applicant's claim for time spent on business administration for particular project excessive. Applicant received money in excess of wages owed. No arrears of wages. |
| Result | Application dismissed ; No order for costs |
| Main Category | Arrears |
| Cases Cited | Lee v Minor Developments Ltd t/a Before Six Childcare Centre unreported, Shaw J, 23 December 2008, AC52/08 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_349.pdf [pdf 178 KB] |