| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 396/07 |
| Hearing date | 11 Dec 2007 |
| Determination date | 17 December 2007 |
| Member | M Urlich |
| Representation | J Hancock ; S Kermani |
| Location | Auckland |
| Parties | Wang v Bade Draper Solutions Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Whether employee or volunteer - Respondent alleged applicant agreed to work unpaid trial period - Applicant claimed agreed hourly rate and received assurances would be paid when pursued unpaid wages - Respondent’s contention parties entered voluntary arrangement inconsistent with purported purpose of arrangement, to assess applicant’s suitability to work for reward - Trial periods required to be in writing - No voluntary probationary period - At minimum, applicant person intending to work and entitled to be paid for work performed - Agreed rate less than minimum wage - Arrears due and owing - UNJUSTIFIED DISMISSAL - Respondent claimed applicant dismissed for poor performance but provided positive reference - Applicant alleged told could no longer be employed as owner’s son to work her hours - Applicant’s evidence accepted - Dismissal unjustified |
| Result | Application granted ; Reimbursement of lost wages ($337.50)(Two weeks) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($894.50) ; Arrears of holiday pay ($71.55) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5;ERA s6(1)(c);ERA s67;Minimum Wage Order 2007 |
| Number of Pages | 4 |
| PDF File Link: | aa 396_07.pdf [pdf 17 KB] |