| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 92 |
| Hearing date | 21-Jun-16 |
| Determination date | 21 June 2016 |
| Member | David Appleton |
| Representation | A Sawley (in person) ; no appearance |
| Location | Christchurch |
| Parties | Sawley v Brix Project Managements Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of company car – No appearance for respondent |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Parties intended transfer of employment to respondent. Transfer occurred prior to dismissal taking effect and respondent became liable for arrears. Applicant employed by respondent.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent not entitled to deduct sum from applicant’s possession of company car. Car retained as security for arrears binding agreement. Applicant did not agree to keep tools in lieu of arrears. Respondent to pay applicant $6,386 arrears of wages and holiday pay. Applicant to return tools to respondent.;COUNTERCLAIM – RECOVERY OF MONIES: Previous employer created binding contract allowing retention of car pending payment of arrears owed. Third party was personal guarantor for loan over car. Application dismissed. |
| Result | Applications granted (arrears of wages and holiday pay) ; Arrears of wages and holiday pay ($6,386.82) ; Application dismissed (counterclaim – recovery of monies) ; Orders made ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | Personal Property Securities Act 1999 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Christchurch_92.pdf [pdf 222 KB] |