| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 48 |
| Hearing date | 12-Apr-16 |
| Determination date | 15 April 2016 |
| Member | Peter van Keulen |
| Representation | J Haren (in person) ; S Lacey (in person) |
| Location | Christchurch |
| Parties | Haren v Lacey |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – COUNTERCLAIM - PENALTY – GOOD FAITH – Respondent sought penalty for applicant’s breach of good faith |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant aware of required to raise grievance within 90 days. Applicant did not actually raise grievance, even in statement of problem. Grievance not raised within 90 days.;ARREARS OF WAGES: Only benefit applicant entitled to car allowance. Payments received by applicant reflect net entitlement for hours worked, car allowance and holiday pay. Applicant actually overpaid. No arrears of wages.;PENALTY – GOOD FAITH: Both parties at fault for failure to finalise terms of employment agreement and should have been more active and constructive in maintaining employment relationship. Failure not deliberate or sustained. No penalty.;COUNTERCLAIM - PENALTY – GOOD FAITH: Both parties at fault for failure to finalise terms of employment agreement and should have been more active and constructive in maintaining employment relationship. Failure not deliberate or sustained. Applicant’s behaviour in being aggressive breach of good faith but not sustained. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4A;ERA s114;ERA s115 |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Christchurch_48.pdf [pdf 255 KB] |