| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 95/06 |
| Hearing date | 12 Jun 2006 |
| Determination date | 23 June 2006 |
| Member | P R Stapp |
| Representation | G Ogilvie ; J Ng (in person), SL Aw (in person) |
| Location | Wellington |
| Parties | Richardson v Ng and Anor t/a The Hot Plate Restaurant |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid two alternative holidays for work on statutory holidays - Respondent accepted arrears of holiday pay due and owing - UNJUSTIFIED DISADVANTAGE - Employment agreement labelled applicant casual with no fixed hours but verbally agreed 30 hour a week roster - Agreement stated fixed term - Respondent requested applicant find out what impact reduced hours had on provision of Work and Income subsidy - Not relevant as respondent later paid by Work and Income based on hours applicant worked and could be claimed - Unreasonable request - Unjustified for respondent to withhold work without cause when it was available - Disadvantaged because lost income and job - Respondent served trespass notice on applicant - Action confirmed employment had ceased and applicant could have reasonably concluded this - Trespass notice unacceptable intervention in employment setting - Unjustified disadvantage - Employment agreement had no plain language explanation of services available for resolution of employment relationship problems - Proper and appropriate procedures not used by parties - Remedies - Large compensation claim not established by evidence - Remedy substantially reduced in equity and good conscience because of mitigating factors - COSTS - Contribution to costs awarded for preparation and attendance of investigation meeting - Length of service three weeks five days - Trainee kitchen hand |
| Result | Application granted ; Arrears of wages ($600) ; Arrears of holiday pay (Annual leave)($40.80) ; (Alternative holiday)($115) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($700) ; Disbursements (filing fee)($70) |
| Number of Pages | 5 |
| PDF File Link: | wa 95_06.pdf [pdf 27 KB] |