| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 128/06 |
| Hearing date | 19 Sep 2006 |
| Determination date | 22 September 2006 |
| Member | P R Stapp |
| Representation | A Maiden (in person) ; E Maihi (in person) |
| Location | Wellington |
| Parties | Maiden v Maihi |
| Summary | ARREARS OF WAGES - Not constructive to direct parties to mediation as respondent put condition on attendance that was unacceptable to applicant - No statement in reply and respondent failed to supply wage and time records as requested - Respondent's attendance at investigation only resulted from Authority contacting him on the day, and he failed to co-operate with investigation meeting - Acknowledged ripped up papers when served - Applicant worked one day as casual employee - No written employment agreement and neither party had any idea of agreed rate of pay - Authority accepted applicant's pay rate calculation as respondent could not produce details of national rate - COUNTERCLAIM - Authority did not deal with respondent's argument owed money for applicant's use of shearing equipment as no evidence of agreement on payment - Arrears due and owning - Interest 9 percent - UNJUSTIFIED DISADVANTAGE - Respondent's actions in not paying applicant unjustified - However, applicant not disadvantaged because only employed one day and problem could be resolved as recovery of wages - No unjustified disadvantage - Length of service one day - Shearer |
| Result | Application granted (Arrears of wages) ; Arrears of wages ($138.60) ; Interest ($8.95)(9%) ; Application dismissed (Unjustified disadvantage) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s159 |
| Number of Pages | 3 |
| PDF File Link: | wa 128_06.pdf [pdf 25 KB] |