| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 71/07 |
| Hearing date | 1 Mar 2007 |
| Determination date | 14 March 2007 |
| Member | R Arthur |
| Representation | R Ta (in person) ; B Spong |
| Location | Auckland |
| Parties | Tan v United Media (NZ) Ltd |
| Summary | ARREARS OF WAGES - Applicant claimed arrears of wages for several months - Respondent agreed some arrears owing but disputed amount - Applicant's evidence on matter preferred - However, deduction made from total claim as applicant effectively stopped working for respondent last month of claim - Respondent also disputed part of expense claim - Had agreed to pay for Christchurch holiday as bonus but applicant went to Malaysia instead - No offer or agreement for respondent to meet costs of airfares to Malaysia, amount deducted from total claim - Respondent had agreed to pay 10% penalty" on arrears and Authority accepted it as part of total owed to applicant - Arrears due and owing - Respondent sought to pay by instalments - No information as to financial position - Authority not satisfied order for payment by instalments required - Applicant entitled to three months interest as no real dispute owed considerable amount during that time - "Penalty" payment agreed by parties excluded from calculation - Interest 8.88 percent - BREACH OF CONTRACT - Counterclaim - Respondent sought damages and penalty for breach of good faith - On balance, possible applicant deliberately "took down" website - However, respondent had not substantiated actions or provided evidence of actual damage - No further enquiry into damages or order for penalty - Authority recorded oral order made at investigation meeting requiring applicant to return respondent's property - Graphic designer" |
| Result | Application granted ; Arrears of wages ($10,784) ; Other monies ($3,604) ; Interest (8.88%) ; Disbursements ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s131(1A);ERA Second Schedule cl11 |
| Number of Pages | 4 |
| PDF File Link: | aa 71_07.pdf [pdf 29 KB] |