| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 130/05 |
| Hearing date | 22 Sep 2005 |
| Determination date | 27 September 2005 |
| Member | J Crichton |
| Representation | P McCarthy (in person) ; no appearance |
| Location | Christchurch |
| Parties | McCarthy v Kiwi Horse Transport Ltd |
| Summary | ARREARS OF WAGES, HOLIDAY PAY, AND OTHER MONIES - No appearance by respondent - Wages sporadic - Fuel card cancelled - Not enough money to meet operating needs of business - Applicant used own money - Arrears of wages due and owing - Arrears of holiday pay due and owing - Monies owing to reimburse applicant for respondent's expenses - UNJUSTIFIED DISADVANTAGE - Respondent's treatment of applicant not the action of a fair and reasonable employer - Breach made more serious by failure of respondent to ensure applicant had appropriate funds or credit lines in order to perform duties, and subsequently the respondent's failure to reimburse the applicant - Compensation of $5,000 appropriate - No mediation ordered by Authority due to difficulty in even obtaining contact with governing director of respondent |
| Result | Application granted ; Arrears of wages ($1,052.85) ; Arrears of holiday pay ($4,820) ; Other monies ($1,118.66) (Reimbursement of expenses) ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | ca 130_05.pdf [pdf 22 KB] |