| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 129/06 |
| Hearing date | 30 Aug 2005 |
| Determination date | 24 August 2006 |
| Member | P Cheyne |
| Representation | B Chow ; B Nathan |
| Location | Christchurch |
| Parties | Li v Astral Management Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Two written employment agreements; one in Mandarin, other in English - Significantly different terms - English agreement signed last and applied during employment - Accuracy of applicant's record of hours worked not accepted - Overtime claim rejected - Authority did not accept applicant commenced employment before restaurant opened - Benefit of any doubt about wages paid given to applicant as respondent failed to keep proper record - Outstanding sum could represent alleged deductions - Deductions illegal as respondent never had written authority - Respondent conceded holiday pay owing - Arrears due and owing - Employment agreement included bonus provision - Agreement did not say discretionary - No bonus paid but applicant periodically given gifts and cash - Fair to treat these as discharging obligation to pay bonus - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged respondent breached duty by failing to renew work permit - Continued working for two days after permit expired then went to Police, alleging respondent would not return passport - Passport with respondent's solicitor to process renewal application - Personal grievance raised and applicant made clear did not want permit renewed - Evidence established respondent wanted employment to continue and started process for renewing permit - Authority accepted failure to initiate renewal earlier not solely (or perhaps at all) respondent's responsibility - No employment obligation breached - No constructive dismissal - Length of service 11 months 11 days - Chef |
| Result | Application dismissed (Unjustified dismissal) ; Application granted in part (Arrears of wages and holiday pay) ; Arrears of Wages ($4,947.67)(Salary) ; Arrears of holiday pay ($2,272.60)(Annual and statutory holidays) ; Costs reserved |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; ERNZ Sel Cas 136 |
| Number of Pages | 5 |
| PDF File Link: | ca 129_06.pdf [pdf 26 KB] |