| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 129 |
| Hearing date | 5 Aug 2014 - 7 Aug 2014 (3 days) |
| Determination date | 17 December 2014 |
| Member | G J Wood |
| Representation | P Coffey (in person) ; G Dewar |
| Location | Wellington |
| Parties | Coffey v IMS Security Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether applicant agreed to leave respondent or to defer receipt of salary until respondent's cashflow improved - No employment agreement - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Arguments over ownership of respondent - Poor relationships - Unacceptable language - Police - Trespass notice - RECOVERY OF MONIES - Applicant sought recovery of expenses incurred on respondent's behalf - Costs of attending overseas conference - INJUNCTION - Applicant sought order requiring return of property left at respondent's premises - COUNTERCLAIM - BREACH OF CONTRACT - Respondent sought damages for applicant's breach of contract - Loan to applicant |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not entitled to commission claimed. Applicant agreed to defer receipt of remuneration but not to terminate employment. Applicant never said would not claim remuneration. Applicant not paid holiday pay. Respondent to pay applicant $55,000 arrears of wages and $5,100 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Applicant dismissed following altercation when applicant sent away, applicant's phone and e-mail access cut off, and applicant issued with trespass notice. No proper investigation by respondent. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $16,250 reimbursement of lost wages. $4,000 compensation appropriate.;RECOVERY OF MONIES: Respondent not responsible for applicant's vehicle leases. Applicant granted permission to attend overseas conference on respondent's behalf on understanding applicant would not have to pay. Conference benefited applicant personally and applicant never sought repayment of money during employment. No recovery of monies.;INJUNCTION: Respondent to return applicant's personal property.;COUNTERCLAIM - BREACH OF CONTRACT: Offset agreement with company agreed to by respondent's owner and loss of revenue due to non-payment by different customer not attributable to applicant's actions as employee. Loan to applicant personal loan made by respondent's owners. Applicant sold two of respondent's cars and retained proceeds. Applicant to pay respondent $13,313 damages. |
| Result | Applications granted (arrears of wages and holiday pay)(unjustified dismissal)(injunction)(counterclaim - breach of contract) ; Arrears of wages ($55,000) ; Arrears of holiday pay ($5,100) ; Contributory conduct (50%) ; Reimbursement of lost wages ($16,250) ; Compensation for humiliation etc ($4,000) ; Orders made ; Damages ($13,313.62) ; Application dismissed (recovery of monies) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s103A;ERA s103A(3) |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Wellington_129.pdf [pdf 178 KB] |