| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 234/08 |
| Hearing date | 19 May 2008 |
| Determination date | 07 July 2008 |
| Member | M Urlich |
| Representation | B Quarrie ; N Dines |
| Location | Auckland |
| Parties | Schollum v Orange Wood Ltd |
| Summary | ARREARS OF WAGES – BREACH OF CONTRACT – Applicant sought reimbursement for time worked in excess of contracted hours over three year period - Applicant claimed respondent agreed hours worked in excess of 2250 per annum would be fully reimbursed on resignation as paid time in lieu – Respondent argued employment agreement (“EA”) clear that as salaried employee, applicant required to work necessary hours to complete duties and excess hours to be worked by mutual agreement – Respondent argued no agreement for reimbursement – Applicant accepted term not recorded in EA but claimed parties agreed in meeting – Authority found no record of any such agreement - Found subsequent conduct did not support existence of term, such as not reported to respondent’s board, not budget item and not raised until applicant resigned three years later – Found no term in EA that applicant receive paid time in lieu for excess hours – Applicant claimed worked excess hours under reasonably held belief would be remunerated – Authority found parties agreed upon salary for all hours worked – Found parties agreed maximum hours worked not to exceed 2250 per annum without mutual agreement – Found no discussion to vary salary or maximum hours – Found applicant did not seek to enforce maximum by negotiating payment or refusing to work - Found EA fixed remuneration for all hours worked and that those hours were worked by mutual agreement |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Cases Cited | Lamont v Power Beat International Limited [1998] 2 ERNZ 20 |
| Number of Pages | 7 |
| PDF File Link: | aa 234_08.pdf [pdf 30 KB] |