| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 382/08 |
| Hearing date | 3 Nov 2008 |
| Determination date | 07 November 2008 |
| Member | R A Monaghan |
| Representation | I Riksen ; JE, IM Lockley |
| Location | Tauranga |
| Parties | Erikson v Lockley & Anor t/a John Lockley Transport |
| Other Parties | Lockley |
| Summary | ARREARS OF WAGES – No written employment agreement – Applicant claimed should have received full net salary of $50,000 – Applicant employed to work weekdays and five hours on Saturdays – Applicant unable to work Saturdays from outset as required to carry out community service sentence on Saturdays – Eight months into employment, respondent made deductions for applicant’s absences on Saturdays, and any other absences – Applicant claimed made up time by starting early on weekdays and working some Sundays - Applicant sought payment for deductions for absences – Authority preferred respondent’s evidence that applicant left early when started early and respondent paid applicant for Sundays worked – Authority found in absence of agreement permitting deductions from salary, deductions breached employment agreement – Found applicant did not receive full salary – Found applicant defaulted and breached contract by failing to work Saturdays – However, found respondent continued to pay applicant for so long that must be taken to have acquiesced – Respondent ordered to pay applicant balance of salary in sum claimed - ARREARS OF HOLIDAY PAY – Authority found applicant received annual holiday pay on termination of employment – Found applicant entitled to holiday pay on arrears of wages award only – DISPUTE – Applicant suffered eye injury – Applicant claimed injury took place at work and sought payment for first week of incapacity – Respondent argued injury not sustained at work – Authority found ACC did not treat injury as work injury – Found insufficient evidence that work injury – No order for payment - UNJUSTIFIED DISMISSAL – Applicant advised respondent resigning to take up new position – Parties agreed on two week notice period – Notice period extended by week when applicant advised not starting job for further week – Applicant then advised would not start new job for several weeks so still available for part time work – Matters went no further because injury intervened – Authority found no dismissal |
| Result | Application granted (arrears of wages)(arrears of holiday pay) ; Arrears of wages ($2,460.81) ; Arrears of holiday pay ($196.86) ; Application dismissed (unjustified dismissal) ; Questions answered ; Costs reserved |
| Main Category | Arrears |
| Statutes | Injury Prevention, Rehabilitation and Compensation Act 2001 s97;Injury Prevention, Rehabilitation and Compensation Act 2001 s98;Wages Protection Act 1983 |
| Number of Pages | 7 |
| PDF File Link: | aa 382_08.pdf [pdf 24 KB] |