| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 18 |
| Hearing date | 30-Nov-17 |
| Determination date | 17 January 2018 |
| Member | V Campbell |
| Representation | L Loveridge (in person) ; R Kuegler |
| Location | Auckland |
| Parties | Loveridge v Matira Ltd |
| Summary | ARREARS OF WAGES - Applicant sough arrears of wages - COUNTERCLAIM - BREACH OF CONTRACT - Respondent sought damages for applicant’s failure to account for hours worked, stock losses, failure to provide adequate notice and failure to account for company assets - Shepard |
| Abstract | AUTHORITY FOUND - ARREARS OF WAGES: Parties agreed that applicant was to be compensated for additional hours for calf-rearing by accruing and taking time off lieu on an hour-for-hour-basis. Applicant entitled to payment for accumulated time off in lieu. Arrangement did not apply to overtime weekend duties undertaken by applicant. Respondent to pay applicant $6,647 arrears of wages. COUNTERCLAIM - BREACH OF CONTRACT: Applicant on strike for health and safety reasons after physical assault of colleague. Respondent did not incur any damages as result of applicant’s withdrawal of labour. No evidence to support respondent’s claim over stock losses. Applicant not farm manager and not responsible for accounting for farm assets or equipment. Application dismissed. |
| Result | Application granted (arrears of wages) ; Arrears of wages ($6,647.34) ; Application dismissed (counterclaim - breach of contract) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s84 ; ERA s131 ; ERA s142 ; ERA s174E |
| Number of Pages | 9 |
| PDF File Link: | 2018_NZERA_Auckland_18.pdf [pdf 63 KB] |