| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 220/07 |
| Hearing date | 29 May 2007 |
| Determination date | 26 July 2007 |
| Member | Y S Oldfield |
| Representation | J Ploszaj (in person) ; L Rush |
| Location | Auckland |
| Parties | Ploszaj v Rush Security Services Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Employment relationship lasted 6 days – Respondent relied on provision in individual employment agreement (“IEA”) to withhold all wages and holiday pay – Authority found applicant’s command of English not sufficient to understand obligations in IEA – Applicant claimed was told would be working mixture of day and night shifts – Resigned after being rostered mostly night shifts – Respondent accepted resignation, and did not remind applicant of contractual obligations - Respondent not provided copy of IEA – Authority found applicant genuinely misunderstood type of shifts offered by respondent – Respondent asked Authority to determine whether IEA provisions enforceable – IEA provided for applicant to give one weeks notice and failure to do so would incur forfeiture of weeks pay in lieu of notice - Provisions enforceable – However, Respondent’s failure to provide IEA meant applicant unable to check notice provisions – Without copy of IEA applicant not responsible for mistake – Respondent erred in witholding applicants final pay - Respondent ordered to pay wages |
| Result | Application granted; Arrears of wages ($523.13) ; Arrears of holiday pay ($31.39)(Arrears less security licence ($20)) |
| Main Category | Arrears |
| Number of Pages | 7 |
| PDF File Link: | aa 220_07.pdf [pdf 36 KB] |