| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 344/08 |
| Hearing date | 15 Sep 2008 |
| Determination date | 30 September 2008 |
| Member | V Campbell |
| Representation | W Thompson (Applicant in person) ; C Wade (Respondent in person) |
| Location | Whakatane |
| Parties | Thompson v Wade |
| Summary | ARREARS OF WAGES – Applicant sought payment of 4 week notice period – Applicant while on sick leave contacted respondent and stated resigning and provided 4 weeks notice – Respondent argued asked applicant to put notice in writing – Applicant claimed put notice in letter and left at work for respondent – Respondent argued never received letter – Respondent contacted applicant day before return to work and said happy if applicant resigned without notice – Applicant met with respondent and argued wanted to work out notice period because new job not commencing until end of notice period – Respondent told applicant to leave workplace immediately following heated exchange – Authority found on balance of probabilities respondent did not want applicant to work out notice period given leaving to join competitor – Found respondent did not require applicant to work out notice period – Authority ordered respondent to pay applicant 4 weeks notice in accordance with employment agreement – ARREARS OF HOLIDAY PAY – Authority found respondent incorrectly calculated applicant’s holiday pay – Respondent ordered to pay applicant outstanding holiday pay – RECOVERY OF MONIES – Authority satisfied applicant aware had to pay for all treatments and products received from respondent – Authority found deductions from applicant’s final pay for treatments and products used was lawful and reasonable – Authority rejected claim seeking reimbursement for broken drill as respondent not complicit in damage – Beautician |
| Result | Arrears of wages ($2,096.56) ; Arrears of holiday pay ($300.02) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 |
| Number of Pages | 6 |
| PDF File Link: | aa 344_08.pdf [pdf 31 KB] |