| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 93/06 |
| Hearing date | 23 Mar 2006 |
| Determination date | 28 March 2006 |
| Member | Y S Oldfield |
| Representation | AJ Boost (in person) ; J Murdoch |
| Location | Auckland |
| Parties | Boost v Carbine Milk Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Alleged failure to pay final wages or holiday pay – Counterclaim by respondent for pay in lieu of notice - Dispute over amount of notice given and whether full notice period worked out – Applicant very confused witness – Evidence indicated applicant finished work four days earlier than originally agreed with respondent - Forfeiture clause in employment agreement entitled respondent to withhold one week’s pay if required notice not given – One day’s pay already withheld for final day worked – Respondent entitled to recover further four days pay in lieu of notice – Leave taken during period of employment exceeded statutory entitlement – No holiday pay outstanding – Milk delivery worker |
| Result | Application dismissed (Applicant) ; Counterclaim granted (Respondent) ; Other monies in favour of respondent ($540)(Four days wages in lieu of notice) ; No order for costs |
| Number of Pages | 4 |
| PDF File Link: | aa 93_06.pdf [pdf 22 KB] |