| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/05 |
| Hearing date | 8 Dec 2004 - 15 Dec 2004 (2 days) |
| Determination date | 25 February 2005 |
| Member | P Cheyne |
| Representation | OG Paulsen ; AA Couch |
| Location | Christchurch |
| Parties | Kennard v Le Bon Bolli Restaurant Ltd |
| Summary | ARREARS OF WAGES - Written employment agreement required applicant to work average of 50 hours per week for salary of $19,350 - Subject to oral agreement that applicant allowed unpaid leave to attend polytech - Paid daily payment based on salary - Whether applicant paid less than minimum wage - Salary too low for average hours specified - Wages and time records deficient because respondent did not properly instruct applicant how to fill in timesheets - Applicant's personal record of hours actually worked accepted - Awarded arrears of minimum wage for hours actually worked less wages received - ARREARS OF HOLIDAY PAY - Entitled to holiday pay accrued during employment - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant told respondent she believed she was being paid less than minimum wage - No assurance that underpayment would be remedied - Respondent gave applicant ultimatum that she remain full-time and work five days per week or become part-time under different written agreement - Indicated respondent no longer prepared to be bound by oral agreement - Respondent breached obligations owed to applicant causing her resignation - Personal grievance - PENALTY - Applicant sought penalties for failing to provide wages and time record and breach of employment agreement - Real problem was significant breach of Minimum Wage Act 1983 but action for such penalty could only be brought by Labour Inspector - Penalties declined - Commis de cuisine/kitchen hand |
| Result | Application granted ; Arrears of wages (Quantum to be determined by parties) ; Arrears of holiday pay ($3,529.43) ; Interest (8.5%) ; Reimbursement of lost wages (Six weeks five days)(quantum to be determined by parties) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s130;ERA s130(1);ERA s132;ERA s134;ERA s157(1);Minimum Wage Act 1983 |
| Number of Pages | 10 |
| PDF File Link: | ca 27_05.pdf [pdf 49 KB] |