| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 54/06 |
| Hearing date | 31 Jan 2006 |
| Determination date | 20 April 2006 |
| Member | P Montgomery |
| Representation | R Roche ; G Churches (in person) |
| Location | Christchurch |
| Parties | Roche v Churches and Anor |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Alleged final week's wages and holiday pay due and owing - No written employment agreement - Because respondents had not met obligations under s65 Employment Relations Act 2000 difficult to determine whether applicant aware that employer was not respondents personally but a company - Was applicant's first job and he was inexperienced in commercial matters - That in all probability led to his belief that it was respondents personally who employed him - Rule of undisclosed principal applied - Wages and holiday pay due and owing - In equity and good conscience both respondents jointly and severally liable for payments - Labourer |
| Result | Arrears of wages ($330) ; Arrears of holiday pay ($673.20) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s65 |
| Number of Pages | 4 |
| PDF File Link: | ca 54_06.pdf [pdf 18 KB] |