| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 138/05 |
| Hearing date | 10 Aug 2005 |
| Determination date | 29 August 2005 |
| Member | G J Wood |
| Representation | P Scrimgeour ; W Coffey |
| Location | Wellington |
| Parties | Scrimgeour v The Wellesley Ltd |
| Summary | JURISDICTION - ARREARS OF WAGES - Whether full and final settlement - Settlement agreement reached between parties - Applicant sought to bring five new claims - Those claims which were raised as employment relationship problems before the settlement agreement had been signed were dismissed - Claim in relation to hourly rate of pay considered - Applicant alleged should have been paid $11 net per hour not $9.30 - Applicant was paid at least $11 per hour if not more - Applicant raised no concerns about pay during three month fixed term - Alleged too scared to do so but that argument was rejected - Applicant also sought payment for bonuses not paid - Payments entirely discretionary - Claims dismissed - PENALTY - Penalty sought for failure to pay correct wages - Sought penalty against respondent and also against two individuals - Individuals not parties to employment relationship problem |
| Result | Applications dismissed ; Costs reserved |
| Cases Cited | Gawthorne v Attorney-General [1996] 2 ERNZ 68 |
| Number of Pages | 5 |
| PDF File Link: | wa 138_05.pdf [pdf 23 KB] |