| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81/05 |
| Hearing date | 17 May 2005 |
| Determination date | 19 May 2005 |
| Member | D Asher |
| Representation | S Frawley ; No appearance |
| Location | Wellington |
| Parties | Page v Masta Maintenance Services (NZ) Ltd |
| Summary | ARREARS OF WAGES - No appearance by respondent - Respondent failed to meet undertakings to Authority and applicant - No written employment agreement - Applicant used private vehicle for work - Alleged respondent did not pay $50 per week for that use as promised - Alleged respondent did not pay for travelling time or time spend for safety training - Alleged respondent did not pay for sick leave - Alleged applicant was stood down twice with no work provided to him and not paid - Monies due and owing - Sought to recover father's ladder which was being used by respondent - Sought damages for loss of use of ladder - Applicant entitled to recover ladder but not damages - UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent told applicant that because of complaint by one client and applicant's supposed fear of heights, only work available for him was located in Bulls - Applicant expressed view he was expected to resign - Respondent immediately prepared resignation letter for applicant to sign - Applicant given no option by respondent other than to resign - Dismissal unjustified - COSTS - Applicant sought to recover costs of $1,920 plus GST and disbursements of $85 - Length of investigation meeting not specified - GST not recoverable - Costs claimed fair and reasonable |
| Result | Application granted ; Arrears of wages ($1,450)(use of private vehicle) ; ($270)(travelling time) ; ($432)(sick leave) ; ($216)(safety training) ; ($864)(stand down periods) ; Order that respondent return ladder ; Reimbursement of lost wages ($7,560) ; Compensation for humiliation etc ($10,500) ; Costs in favour of applicant ($1,920) ; Disbursements ($85) |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 10 |
| PDF File Link: | wa 81_05.pdf [pdf 31 KB] |