| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 372/06 |
| Hearing date | 21 Nov 2006 |
| Determination date | 08 December 2006 |
| Member | M Urlich |
| Representation | K Dholakia (in person) ; P Rajan |
| Location | Auckland |
| Parties | Dholakia v Global Peace New Zealand |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed not paid at agreed rate - Respondent argued agreed rate different to that provided in employment agreement - Not credible that respondent would enter document with intention of misrepresenting terms of employment - Wages to be recalculated - Applicant claimed not paid for eight hours - No reason to doubt work performed - Employment agreement did not specify days of work - Authority took from timesheet that respondent expected hours completed within Monday-Friday week - Applicant entitled to be paid for public holidays which fell on what would otherwise be working days - Applicant attended work after Christmas shut down but was told to go home and return on another date - Applicant made reasonable efforts to confirm return date and was entitled to rely on information provided by respondent's representative - Entitled to be paid for day he was sent home - During last month of employment applicant worked less than 40 hours per week - Paid for hours worked - Sought difference between that sum and 40 hours pay he claimed was guaranteed by employment agreement - Work was available - No basis for award for hours not worked - UNJUSTIFIED DISMISSAL – Applicant alleged unjustifiably dismissed when executive director told him not to come to work again – Director claimed parties agreed employment should end – Email from applicant stated parties had “parted ways on mutual understanding” – Applicant claimed email did not accurately describe circumstances under which employment ended – Alleged wrote email because believed it necessary to secure outstanding salary - Authority accepted applicant anxious to secure payment, but did not accept that to do so it was reasonable or necessary to misstate circumstances in which he had left - More likely than not employment ended by agreement – No unjustified dismissal – COSTS – Applicant entitled to filing fee – Length of service two months - Fundraiser/Advertising sales |
| Result | Application granted in part (Arrears of wages)(quantum to be determined) ; Application granted (Arrears of holiday pay)(quantum to be determined) ; Orders accordingly : Application dismissed (Unjustified disadvantage) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | Holidays Act 2003 s48;Holidays Act 2003 s49 |
| Number of Pages | 5 |
| PDF File Link: | aa 372_06.pdf [pdf 34 KB] |