| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 139/07 |
| Hearing date | 2 Nov 2007 |
| Determination date | 15 November 2007 |
| Member | H Doyle |
| Representation | G Bradley (in person) ; no appearance |
| Location | Greymouth |
| Parties | Bradley v Mons |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant alleged not paid for work performed - No appearance by respondent - Identity of employer - Business applicant worked for sold - Received letter signed by respondent and her husband as “directors” stating they were new owners - Unclear what company they were directors of - No written employment agreement - Applicant submitted only dealt with respondent - Doctrine of Undisclosed Principal - Applicant employed by respondent - No wages received after business sold - Part payment made after applicant left employment - Arrears due and owing - Late payment caused distress and embarrassment, warranted interest at 9 percent - However, letter from applicant not sufficient to raise personal grievance - COSTS - Applicant in person - Venue of investigation meeting chosen during conference call at request of respondent’s husband - Applicant required to travel to investigation meeting - Authority considered appropriate to reimburse applicant for reasonable expenses - Given unusual circumstances, applicant also able to claim wages lost as result of attending investigation meeting - Cleaner |
| Result | Application granted ; Arrears of wages ($99.49 net) Holiday pay ($94.50) ; (Interest)(9%) ; Disbursements in favour of applicant ($344.30)(Travel expenses) ; ($180)(Lost wages) ; ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl11 |
| Number of Pages | 9 |
| PDF File Link: | ca 139_07.pdf [pdf 37 KB] |