| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78/08 |
| Hearing date | 21 May 2008 |
| Determination date | 09 June 2008 |
| Member | J Crichton |
| Representation | A Stewart (in person) ; W Stowers |
| Location | Christchurch |
| Parties | Stewart v Alpha Diggers Ltd |
| Summary | ARREARS OF WAGES - Applicant alleged owed for work done and unauthorised deductions - Work done after applicant ceased employment - No arrears owing - Deductions improper as no authorisation, but no prejudice to applicant as respondent subsequently made ex gratia payment to applicant that exceeded amount of deductions - COUNTERCLAIM - RECOVERY OF MONIES - PENALTY - Respondent claimed applicant owed it for hireage of tools he retained, loan moneys paid by respondent on applicant’s behalf and other items - Applicant confirmed number of sums outstanding - Monies due and owing - Respondent also claimed applicant overpaid as did not work all hours received wages for - Authority doubted applicant’s submission that although left workplace early continued work at home - However, circumstances allowing for recovery of overpayment in Wages Protection Act 1983 did not apply - Applicant also acknowledged retained tools after employment ended - Dispute between respondent and third party as to ownership of tools - Applicant directed by Authority to return property to respondent but gave it to third party - No power to order payment of hireage - However, penalty for breach of good faith in retaining property appropriate - Drainlayer |
| Result | Application dismissed (Arrears) ; Counterclaim granted (Recovery of monies) ; Recovery of monies ($1,616.02) ; Penalty against applicant ($1,000)(payable to respondent) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | ERA s4A(1)(b)(iii);ERA s136(2);Wages Protection Act 1983 s6 |
| Number of Pages | 10 |
| PDF File Link: | ca 78_08.pdf [pdf 34 KB] |