| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 57/06 |
| Hearing date | 21 Mar 2006 |
| Determination date | 11 April 2006 |
| Member | P R Stapp |
| Representation | A Miller ; M Andrews |
| Location | Palmerston North |
| Parties | Gleeson v Real Cakes and Pastries Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Respondent stopped automatic wage payments upon receiving applicant’s resignation – Three subsequent cash payments of smaller amounts – Applicant assaulted company director during dispute over whether further wages and holiday pay owing – Not required to work out notice following assault – Claimed unjustifiably disadvantaged by refusal to pay more money and way director “looked” at applicant during dispute – No disadvantage given respondent’s genuine belief that no money owed and availability to applicant of proper channels for recovery of alleged arrears – Even if disadvantage existed assault amounted to contribution depriving applicant of right to compensation – ARREARS OF WAGES AND HOLIDAY PAY – Arrears due and owing – Amounts to be offset against amounts owed by applicant to respondent – BREACH OF CONTRACT – Other monies - Counterclaim for exemplary damages and compensation for alleged unauthorised cell-phone purchase and charges in company name, amounts owed for speeding ticket and parking fine, and loss of sales to particular customer – Employment relationship included use of cell phone for business purposes – Conclusion supported by agreed weekly deduction for personal use of phone – In absence of agreement to contrary, payment obligations in respect of phone ceased when employment ended – Two final payments for personal cell-phone use during notice period due and owing - Applicant accepted responsibility for speeding ticket – No evidence applicant responsible for parking ticket – No proof of sales losses caused by applicant or of bad faith conduct – Damages claims dismissed – COSTS – Less than one day investigation meeting - No costs order for respondent’s unsuccessful damages claim – Reasonable contribution to applicant’s costs appropriate - Length of service 45 weeks |
| Result | Application dismissed (Unjustified disadvantage) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages and holiday pay ($1,612)(Arrears less speeding ticket ($80) and personal cell phone charges ($100)) ; Application dismissed (Damages) ; Costs in favour of applicant ($1,000) ; Disbursements ($70) |
| Statutes | ERA s131 |
| Number of Pages | 8 |
| PDF File Link: | wa 57_06.pdf [pdf 38 KB] |