| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 45 |
| Hearing date | 11 Mar 2015 |
| Determination date | 09 April 2015 |
| Member | H Doyle |
| Representation | no appearance ; D McCauley |
| Location | Christchurch |
| Parties | Thomson v McCauley v Healthy Business Investments Ltd t/a Pure Kitchen |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or second respondent - ARREARS OF WAGES – Applicant sought arrears of wages – Whether respondent entitled to deduct from wages for applicant’s alleged breaches of employment agreement (EA) – COUNTERCLAIM - BREACH OF CONTRACT – Respondent sought damages for loss incurred by applicant’s alleged failure to serve out notice period and pre-employment misrepresentation of skills – COUNTERCLAIM - PENALTY – Respondent sought penalty for applicant’s alleged breaches of EA– Chef |
| Abstract | AUTHORITY FOUND:PRACTICE AND PROCEDURE: EA stated second respondent employer. Claim against first respondent struck out. Applicant employed by second respondent.ARREARS OF WAGES: Respondent not entitled under EA to withhold wages for applicant’s alleged breaches of EA. Respondent to pay applicant $1,350 arrears of wages. COUNTERCLAIM - BREACH OF CONTRACT: Applicant needed support and help in job. Applicant did not misrepresent skills. Need for training always acknowledged. Applicant failed to comply with notice provision in EA. Respondent could not show loss from breach. No damages.COUNTERCLAIM - PENALTY: Penalty appropriate for applicant’s failure to give notice and general lack of communication. $1,500 penalty appropriate. |
| Result | Application granted (arrears of wages) ; Application granted (counterclaim-penalty) ; Arrears of wages ($1,350) ; Penalty ($1,500)(payable to respondent); Application dismissed (counterclaim-breach of contract) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s134;ERA s135(2);ERA s136 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Christchurch_45.pdf [pdf 107 KB] |