| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 338/05 |
| Hearing date | 29 Aug 2005 |
| Determination date | 01 September 2005 |
| Member | R A Monaghan |
| Representation | S Sundvick ; D Webster |
| Location | Auckland |
| Parties | Whitworth v Smith t/a Village Bakery |
| Summary | ARREARS OF WAGES - Applicant sold bakery to respondent - Agreement for sale and purchase had special condition clause that applicant would offer all reasonable assistance in helping respondent's transition for three weeks after" settlement - Condition also provided that after assistance period until end of January 2005 applicant would make himself available for casual work on paid basis for up to 24 hours per week - After settlement respondent closed premises for three weeks for renovations - When business reopened applicant worked 128 hours over two weeks - Sought arrears of wages for two weeks - Respondent alleged vendor assistance period commenced after business reopened so applicant not entitled to payment - Interpretation of clause - Whether wording of clause ambiguous - Word "after" had number of synonyms - Two were "not before" and "next (in time)" - Straining meaning of "after" to construe assistance period as being capable of commencing on any date provided it followed date of settlement - Assistance period commenced on settlement date - Applicant entitled to arrears of wages for two weeks following re-opening of bakery - However clause contained cap of 24 hours per week on paid casual work - Applicant only entitled to payment for two weeks at 24 hours per week and holiday pay - Baker" |
| Result | Application granted ; Arrears of wages ($744) ; Arrears of holiday pay ($44.46) ; Costs reserved |
| Cases Cited | Dwyer v Air New Zealand Ltd (No 2) [1996] 2 ERNZ 435 |
| Number of Pages | 4 |
| PDF File Link: | aa 338_05.pdf [pdf 26 KB] |