Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 112/03
Hearing date 30 Sep 2003
Determination date 15 October 2003
Member P Montgomery
Representation C Best (in person) ; B Walters (in person)
Location Christchurch
Parties Best v Walters t/a Nugget Point Resort
Summary ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment of one week's wages - Alleged non-payment in lieu of notice - Applicant failed to attend work for 5 consecutive days - No legitimate claim to notice payment given unexplained absence - Arrears for a particular day not established - Arrears for 4 days established - Holiday pay owed on arrears - BEACH OF CONTRACT - Counterclaim - Failure to attend work on time resulted in loss to respondent - Whether applicant took unpaid leave - Respondent should have provided written employment agreement to remove uncertainty as to hours of work and requests for leave - Claim declined - COSTS - Litigant in person - Not entitled to filing fee because of loss caused to respondent - Costs to lie where they fall
Result Application granted ; Arrears of wages ($330) ; Arrears of holiday pay ($39) ; Costs to lie where they fall
Number of Pages 4
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