| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 450/05 |
| Hearing date | 21 Nov 2005 |
| Determination date | 24 November 2005 |
| Member | L Robinson |
| Representation | N Emery (in person) ; R Fischer |
| Location | Auckland |
| Parties | Emery v Sand Piper Lodge Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Failure to pay applicant one week's wages - As a consequence applicant resigned - Applicant right to act in repudiatory fashion because of respondent's repudiatory conduct in failing to pay his salary - Monies due and owing - Applicant entitled to have salary paid regularly and promptly - $100 which applicant agreed he owed respondent was deducted from monies owing - Holiday pay also due and owing - Counterclaim - Respondent alleged applicant owed $2,944 for overpayment of wages - Claim rejected - Would be contrary to equity and good conscience to require applicant to account to respondent for salary in respect of which he was not permitted opportunity to earn entirely because of respondent's failure to pay salary as it fell due - Applicant not liable for cost of retaining new temporary chef - Applicant not obliged to reimburse for petrol used for business purposes - Applicant not entitled to pursue penalties against respondent - Executive chef |
| Result | Arrears of wages ($1,880) ; Arrears of holiday pay ($1,300.32) ; Interest (9 percent) ; Disbursements in favour of applicant ($70) |
| Number of Pages | 5 |
| PDF File Link: | aa 450_05.pdf [pdf 70 KB] |