| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 274/07 |
| Hearing date | 21 Aug 2007 |
| Determination date | 05 September 2007 |
| Member | J Scott |
| Representation | K Single ; no appearance |
| Location | Tauranga |
| Parties | Smillie v Forrester Furniture 2006 Ltd |
| Summary | UNJUSTIFED DISADVANTAGE - No appearance by respondent - Applicant resigned and prepared record of all wages owing - However respondent did not settle up arrears and subsequent payment incomplete - Respondent also presented applicant with bill for purchases made from store at prices higher than allegedly agreed to - When applicant raised personal grievance, respondent contacted police alleging number of items stolen and search warrant executed at applicant’s home - Applicant submitted all items either obtained legitimately or never in her possession - Applicant’s evidence accepted - However, although complaint to police and subsequent search caused applicant much distress not an unjustifiable action that affected employment as occurred after she resigned - Other matters raised by applicant more appropriately dealt with as arrears claim - No unjustified disadvantage - ARREARS OF WAGES AND HOLIDAY PAY - Applicant’s evidence of arrears owing accepted - Arrears due and owing - Although applicant accepted owed some money to respondent for staff purchases no written authority for deductions to be made from wages - Authority accepted applicant would settle account - Shop assistant |
| Result | Applicant granted (Arrears) ; Arrears of wages and holiday pay ($623.61) ; Expenses ($79.97) ; Application dismissed (Disadvantage) ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s65;ERA s103(1)(b);ERA Second Schedule cl12;Wages Protection Act 1983 s5 |
| Number of Pages | 9 |
| PDF File Link: | aa 274_07.pdf [pdf 41 KB] |