| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 107 |
| Hearing date | 29-Jun-17 |
| Determination date | 30 June 2017 |
| Member | D Appleton |
| Representation | V Barnes (in person), J Burke (in person), S Guthrie (in person) ; R Borland |
| Location | Christchurch |
| Parties | Barnes and Ors v Kaikoura V8 Seafoods Supplies Pty Ltd t/a The Top Shop |
| Other Parties | Burke, Guthrie |
| Summary | PRACTICE AND PROCEDURE - Whether manager (“Mr P”) had capacity to enter into employment agreements with applicants on behalf of respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay - Whether applicants casual or permanent employees |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Director of respondent unaware of applicant’s employment agreements. However, Mr P had ostensible authority to bind respondent.;ARREARS OF WAGES AND HOLIDAY PAY: First applicant employed for “ongoing and indefinite duration” per employment agreement. Second and third applicants’ pattern of work indicated mutuality of obligation and permanent employment. Applicants were permanent employees. Respondent to pay first applicant $2,082, second applicant $591 and third applicant $397 arrears of wages and holiday pay. |
| Result | Applications granted ; Arrears of wages and holiday pay ($2,082.25) (first applicant) ($591.72) (second applicant) ($397.33) (third applicant) ; Disbursements in favour of applicants ($71.56) ; No order to costs |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s23 |
| Cases Cited | Egyptian International Foreign Trade Co v Soplex Wholesale Supplies Ltd [1985] 2 Lloyd's Rep 36 (CA);Freeman v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480;Hoyts Cinemas (New Zealand) Ltd (Hoyts Moorhouse) v Jacob [2002] 2 ERNZ 638 (EmpC);Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Christchurch_107.pdf [pdf 231 KB] |