| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 153/05 |
| Hearing date | 8 Aug 2005 - 9 Aug 2005 (2 days) |
| Determination date | 30 November 2005 |
| Member | J Crichton |
| Representation | D Standring ; B Nathan |
| Location | Christchurch |
| Parties | Kimber v North Canterbury Salmon Farm Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Alleged was agreed would be paid overtime - Person who offered employment had died - Initially no written agreement - Applicant alleged he noticed was not being paid overtime so raised issue with deceased who told he would be looked after" - At no time was he paid overtime - Alleged six months into employment was given written agreement which contained provision for overtime - However, agreement had disappeared and no copies of it were available to Authority - Agreement was drafted in 2000 - Contained provision for overtime but respondent alleged was a mistake - No common mistake - Was ample opportunity for applicant to take up matter of overtime - Industry practice was for positions of applicant's kind to not be paid overtime - Authority could not safely determine applicant's arrears claim based on information given - Claim for annual leave partially successful - Order for annual leave from August 1997 until August 2003 to be calculated - Insufficient evidence for Authority to make decision about overtime before 2000 - No order in respect to that time - However 2000 agreement clearly on its face provided for overtime - Order made for overtime to be calculated from date of agreement to end of employment - Leave reserved if parties unable to agree on matters - Alleged failure to keep wages and time records - Failure to keep wage records was applicant's fault - However, loss of leave book was responsibility of respondent - Records burnt after applicant left employment - Salmon farm manager" |
| Result | Application granted in part ; Orders accordingly ; Costs reserved |
| Statutes | ERA s130;ERA s132;Holidays Act 2003 s81;Holidays Act 2003 s83 |
| Number of Pages | 12 |
| PDF File Link: | ca 153_05.pdf [pdf 67 KB] |