| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 161 |
| Hearing date | 28-Jun-16 |
| Determination date | 20 September 2016 |
| Member | C Hickey |
| Representation | E Gates (in person) ; D Lewis |
| Location | Christchurch |
| Parties | Gates v Everlast Design Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages to cover costs of extra work necessitated by applicant deleting information – Draftsman |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: Respondent did not have applicant’s consent to withhold final pay and holiday pay. No legal reason for withholding. Respondent to pay applicant $1,903 arrears of wages and holiday pay.COUNTERCLAIM – BREACH OF CONTRACT: Decision to give discount to client voluntary one by respondent. Insufficient evidence that applicant’s deletion of work only factor in lateness of work. Respondent not able to require applicant to repay wages earned while employed. Insufficient evidence to prove that work done by applicant needed to be completely redone by respondent. Applicant deliberately deleted property of respondent. Respondent lost otherwise productive hours of work time by needing to uplift property from applicant. Applicant to pay respondent $327 damages. |
| Result | Applications granted ; Arrears of wages and holiday pay ($1,903.94) ; Damages ($327.75) ; Disbursements in favour of applicant ($121.56)(filing fee and travel costs) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Christchurch_161.pdf [pdf 165 KB] |