| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168/08 |
| Hearing date | 28 Mar 2008 |
| Determination date | 06 May 2008 |
| Member | V Campbell |
| Representation | M Broeks (in person) ; P Ross |
| Location | Hamilton |
| Parties | Broeks v Peter Ross t/a Peter Ross Contractors |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Authority concluded on balance of probabilities applicant told would be paid for time truck off the road for repairs - Applicant also not paid for all hours worked or holiday pay - Arrears due and owing - Applicant submitted employment agreement entitled him to payment for minimum of 40 hours per week - However, agreement also stated hours of work could vary to meet contractual obligations - Claim for payment when worked less than 40 hours failed - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resigned as respondent failed to pay wages as fell due - At time of resignation at least five weeks wages outstanding - Breach of employment agreement - Conduct dismissive and repudiatory - Dismissal unjustified - Driver |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($2,832.47) : Arrears of holiday pay ($415.10) ; Disbursements ($70) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s159 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 1 NZLR 372;Malik v Bank of Credit and Commerce International SA (in liq) [1998] AC 20; [1997] 2 All ER 1 (CA) |
| Number of Pages | 7 |
| PDF File Link: | aa 168_08.pdf [pdf 38 KB] |