| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 140/08 |
| Hearing date | 14 Apr 2008 |
| Determination date | 15 April 2008 |
| Member | R Arthur |
| Representation | J Lawrence (in person) ; no appearance |
| Location | Auckland |
| Parties | Lawrence v Begg & Anor |
| Other Parties | Habitat Carpentry Ltd |
| Summary | ARREARS OF WAGES – No appearance by respondent – Authority found no good cause for failure to attend investigation meeting – Applicant sought to recover unpaid wages and interest – Respondent argued applicant failed to honour verbal agreement to pay for cost of car applicant driving when damaged in accident – Authority found inference in respondent’s argument that wages owed not paid because sum kept to offset costs of damage to vehicle – Authority found parties agreed that applicant would be paid on submission of fortnightly invoice – Authority found as applicant aware of second respondent not appropriate to fix first respondent with personal liability – Authority found second respondent employer of applicant – Authority satisfied applicant employee not contractor – Authority found first respondent did not dispute wages owed – Authority satisfied second respondent owed applicant sum in final invoice – Applicant used car of co-worker to complete tasks for respondents – Applicant involved in collision with another car and subsequently charged with careless driving and fined – First respondent argued applicant had not sought permission to use vehicle and liable to co-worker for damage to car – Authority rejected argument as vehicle being used for work purposes and driving during work hours – Authority found if matter between co-workers then not matter where respondents entitled to intervene by withholding wages – Authority discussed whether applicant vicariously liable to co-worker – Authority found to allow respondent to require applicant to pay for cost of damage would effectively turn applicant into respondent’s insurer – Authority found given no written employment agreement allowing deduction of sums, respondent’s withholding of wages breached s4 Wages Protection Act 1983 – Authority ordered second respondent to pay applicant $2911 for wages owing – Authority found because respondents did not attend investigation meeting respondent’s counterclaim could not be investigated and determined – Authority found applicant’s offer to pay some of damage costs lapsed – Interest awarded |
| Result | Application granted ; Arrears of wages ($2911.55) ; Interest ($195.81) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA Clause 12 of Schedule 2 |
| Cases Cited | Lister v Romford Ice & Cold Storage Co Ltd [1957] All ER 125;Davidson v Christchurch City Council [1995] 1 ERNZ 172;Miller v Smith Crane & Construction Ltd unreported, Palmer J, 7 February 1995, CEC 1/96;Everist v McEvedy [1996] 3 NZLR 348 |
| Number of Pages | 8 |
| PDF File Link: | aa 140_08.pdf [pdf 27 KB] |