| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 54/07 |
| Hearing date | 2 Mar 2007 |
| Determination date | 15 May 2007 |
| Member | J Crichton |
| Representation | M Dawson ; B Nathan |
| Location | Christchurch |
| Parties | Li v Astral Management Ltd |
| Summary | ARREARS OF WAGES - Applicant supplied two purported employment agreements - Second document operative agreement - Applicant to be paid salary, not wages as claimed - Alleged worked 1,516 unpaid hours - No wage and time records - Authority accepted records not required for salaried workers - More likely applicant did work some extra hours - No entitlement to additional remuneration pursuant to employment agreement and at no stage was applicant paid less than minimum wage - No basis for arrears claim or recovery of other sums applicant claimed entitled to - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Evidence did not support any wrong doing by respondent to found disadvantage or constructive dismissal claim - Applicant absent for various periods at end of employment with only sporadic contact - Respondent's attempts to establish applicant's intentions resulted in it being warned off by applicant's friend - Applicant later returned key and removed belongings - Employment ended without resignation or indication applicant might return to work, however friend of applicant indicated she had new job - In circumstances, respondent could not be blamed for end of employment relationship - No personal grievance - Applicant's witnesses included two secret" witnesses who gave evidence on footing identity not disclosed to respondent - COSTS - Normally costs would be reserved - However, applicant's financial means precluded her form making realistic contribution to costs - Costs to lie where they fall - Restaurant worker" |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s130;ERA s132;Minimum Wage Act 1983 |
| Cases Cited | Southland Hotel etc IUW v Milford Lodge Ltd [1990] 3 NZILR 1005 |
| Number of Pages | 12 |
| PDF File Link: | ca 54_07.pdf [pdf 41 KB] |