| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 462/05 |
| Hearing date | 2 Dec 2005 |
| Determination date | 05 December 2005 |
| Member | Y S Oldfield |
| Representation | M Ryan ; no appearance |
| Location | Auckland |
| Parties | Macdonald v Klenner t/a Glorit Farms |
| Summary | PRACTICE AND PROCEDURE - No appearance by respondent - At investigation meeting applicant indicated he wished to pursue personal grievance - Statement of problem served to put respondent on notice of arrears issues only and Authority declined to investigate alleged unjustified disadvantage - ARREARS OF WAGES AND HOLIDAY PAY - Applicant worked on respondent's farm for 11 months - Paid $200 per month and lived rent-free on farm property - After four months parties entered written employment agreement that wages would be $400 a week - However still paid $200 per month and respondent bought car for applicant's use - Oral agreement that respondent was to meet repayments on vehicle instead of paying applicant balance of wages - Once car paid off it would belong to applicant - Applicant resigned and took car with him - Applicant wanted Authority to put car in his name - Not within Authority's power to do so - No written authorisation pursuant to Wages Protection Act 1983 for different form of payment other than cash - Authority calculated minimum wage applicant should have received - Statutory holidays and annual leave owing also calculated - Applicant ordered to return respondent's motor vehicle - Farm worker |
| Result | Application granted ; Arrears of wages and holiday pay ($31,642.50) ; No order for costs |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 3 |
| PDF File Link: | aa 462_05.pdf [pdf 18 KB] |