| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 168 |
| Hearing date | 15-Sep-15 |
| Determination date | 05 November 2015 |
| Member | Helen Doyle |
| Representation | J Setu ; E Tauiliili, S Tauiliili (in person) |
| Location | Christchurch |
| Parties | Valaau v Nimahlis Painting Ltd And Anor |
| Other Parties | Tauiliili |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent - Painter and plasterer |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to provide wage and time records. Absence of evidence prejudiced applicant’s claim, so applicant’s claims accepted as proved. ACC earnings related compensation not taken into account in determining quantum. Respondent paid wages to applicant’s wife without written consent. Respondent to pay applicant $3665 arrears of wages and $577 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Applicant’s behaviour in apparently wishing to leave Christchurch reasonably entitled respondent to believe that applicant had resigned. Respondent’s behaviour did not induce applicant to resign. No dismissal. |
| Result | Application granted (arrears of wages and holiday pay ) ; Arrears of wages ($3665.60) ; Arrears of holiday pay ($577.60) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Application dismissed (unjustified dismissal) |
| Main Category | Arrears |
| Statutes | ERA s131 |
| Cases Cited | Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Christchurch_168.pdf [pdf 198 KB] |