| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 97/03 |
| Hearing date | 29 Aug 2003 |
| Determination date | 12 September 2003 |
| Member | P Cheyne |
| Representation | K Smith (In person) ; M Christie, J Dowall |
| Location | Christchurch |
| Parties | Smith v Taieri Wastebusters Trust Inc |
| Summary | BREACH OF CONTRACT - Alleged respondent reduced hours of work and prevented use of respondent's vehicle for travel to and from work in breach of employment agreement - Discussions over terms of employment - Agreed to interim arrangement of 40 hours at $11 per hour plus commuting use of vehicle subject to trustee's approval - Applicant employed prior to respondent's incorporation - Employed by respondent on same terms after incorporation - Hours reduced to 35 hours and personal use of vehicle stopped - Respondent alleged precarious financial situation - Trustees could end applicants' private use of vehicle - Respondent did not breach agreement by stopping use of truck - Respondent not entitled to change hours of work or pay without consent - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of wages due and owing - Holiday pay owed on arrears - Leave reserved in case calculations incorrect - PENALTY - No written agreement - Better course to ensure applicant compensated for not having use of wages at proper time |
| Result | Application granted in part ; Arrears of wages and holiday pay (Quantum reserved) ; Interest (7 percent) ; Disbursements in favour of applicant ($70)(Lodgement fee) |
| Statutes | ERA s64;ERA s65;ERA Second Schedule cl11 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |