Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 106/04
Hearing date 28 Jun 2004
Determination date 31 August 2004
Member J Wilson
Representation J Goldstein ; I Thompson
Location Christchurch
Parties Clark v Ethical Remediation Ltd t/a Iron Craft 2002
Summary ARREARS OF WAGES - Applicant employed in family business - Business bought by respondent - Offered employment “on same terms and conditions” - Alleged previous conditions of employment included full use of company vehicle and footwear allowance - Alleged promise of “loyalty bonus” upon 12 months service with respondent - On redundancy 12 months later applicant sought unpaid bonus and allowance, and compensation for loss of use of motor vehicle - Use of motor vehicle not condition of employment - Previous arrangement for use of vehicle merely privilege granted to applicant as son of owner - No compensation payable - Footwear payment made at time of redundancy sufficient - No evidence that respondent agreed to reimburse total cost of boots purchased by applicant - On balance respondent offered applicant loyalty bonus - 12 months continuous service only condition for payment - Loyalty bonus due and owing
Result Application granted in part ; Arrears of wages ($3146)(Loyalty bonus) ; Costs reserved
Number of Pages 4
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