| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 97/08 |
| Hearing date | 6 Nov 2007 - 8 Feb 2008 (2 days) |
| Determination date | 17 March 2008 |
| Member | D King |
| Representation | X Xian (in person) ; G Norton |
| Location | Auckland |
| Parties | Xian v The Herb Patch Ltd |
| Summary | ARREARS OF WAGES – Applicant claimed respondent’s previous owner (“P”) verbally promised to increase hourly wage rate after six months – Respondent’s current owners “DN” and “GN” argued no knowledge of agreement to increase and not obligated to pay – DN argued very difficult to obtain financial information from P – DN argued agreed with P to continue to employ existing staff on current terms and conditions – DN also argued agreements with existing employees established by word of mouth – Authority found applicants employment partly funded by contribution to wages by WINZ – DN provided applicant with new written employment agreement (“EA”) proposing applicant take on additional roles to justify wage increase – Applicant rejected EA claiming wanted same alleged EA as had with P and claimed DN already had copy – Respondent argued applicant claimed own EA lost when asked to provide it – DN argued after speaking to P concluded applicant’s holiday pay built into hourly rate – Applicant produced EA at mediation stating remuneration would be reviewed in six months – DN argued EA did not exist when applicant employed by P and created later to assist current claim – DN contacted WINZ who stated respondent to pay holiday pay – Authority found genuine misunderstanding whether holiday pay included in hourly rate – Authority found conditional offer from P that would increase pay if performed well – Authority found no evidence of any agreed performance criteria – Authority found strange P in process of selling business would offer wage increase to person on six month agreement with WINZ due to expire – Authority found evidence indicated applicant untruthful by claiming did not know P prior to employment – Authority also found strange applicant claimed provided EA when co-workers not – Authority found given credibility finding of applicant, EA provided at mediation constructed to assist applicant – Authority concluded no offer to increase wages made by P to applicant – Found, alternatively had offer been made was conditional on performance and no evidence this was met |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 9 |
| PDF File Link: | aa 97_08.pdf [pdf 32 KB] |