| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 101/07 |
| Determination date | 04 April 2007 |
| Member | V Campbell |
| Representation | M Morrissey (Applicant in person) ; M Ofsoske (Respondent in person) |
| Location | Christchurch |
| Parties | Morrissey v Ofsoske |
| Summary | ARREARS OF HOLIDAY PAY - Applicant based calculation for arrears claim on premise agreed to salary and accommodation benefit with respondent - In support of claim relied on document alleged was confirmation of terms and conditions of employment - Respondent denied document employment agreement - Claimed gave applicant template sharemilker’s agreement after discussing possibility of such arrangement - Document unsigned and important aspects not completed including remuneration clause - Also contained matters not appearing to be related to employment - Authority found more likely than not document provided as example of what might be available if applicant was to undertake sharemilking contract - Did not constitute employment agreement - Authority satisfied agreed to weekly rate and free accommodation -Applicant not paid time and ï¾½ for working public holidays or given alternative holidays - Applicant took annual leave in advance - Overpaid as did not complete 12 months service - Money due and owing, less overpayment - ARREARS OF WAGES - Applicant claimed entitled to four days off each month - Preferred respondent's evidence that agreed to three days off - Took off all days to which entitled - Counterclaim - Claimed applicant owed money for taking livestock - No dispute applicant purchased calves - Sale and purchase agreement not part of employment agreement therefore outside Authority's jurisdiction |
| Result | Application granted (Arrears of holiday pay)($771.39 less overpayment to $529.67) ; Application dismissed (Arrears of wages, Counterclaim) ; Costs to lie where they fall |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | aa 101_07.pdf [pdf 23 KB] |