| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 405/08 |
| Hearing date | 10 Nov 2008 |
| Determination date | 27 November 2008 |
| Member | R A Monaghan |
| Representation | A Taylor ; K Queenin (in person) |
| Location | Hamilton |
| Parties | Rogers v Queenin |
| Summary | ARREARS OF WAGES – No appearance for respondent – Authority found respondent’s previous written responses amounted to information but not sworn evidence – No written employment agreement (“EA”) – Respondent sold business and applicant reemployed by purchaser – Purchaser discovered applicant’s salary underpaid by $48 per week – Authority awarded payment of shortfall - ARREARS OF HOLIDAY PAY – Authority found in absence of EA, relied on provisions of Holidays Act 2003 to calculate annual leave – Applicant claimed respondent deducted annual leave day for Dominion Day, which was observed as special holiday in legal profession – Applicant claimed several days off deducted from annual leave were time off in lieu - Authority found respondent incorrectly deducted annual leave – Found agreement for sale and purchase provided purchaser to take responsibility for leave entitlements – Five days’ leave deducted from arrears of holiday sum – Interest payable at 7.8 percent from date of termination of employment to date of payment - UNJUSTIFIED DISADVANTAGE – Authority found unclear which of applicant’s claims regarding failure to provide EA and payslips, workplace stress and heavy workload, and respondent’s unavailability were relied on for disadvantage grievance – Found only stress concern capable of falling within s103(1)(b) Employment Relations Act 2000 (“ERA”) – Found may not have been raised within 90 days – Found applicant experienced stress related to workload, respondent’s unavailability and absence from office, and aspects of dealing with clients and client files – Found while period was difficult for applicant and respondent, circumstances not sufficient to meet requirements of s103(1)(b) ERA – No unjustified disadvantage - Legal executive |
| Result | Applications granted (arrears of wages)(arrears of holiday pay) ; Application dismissed (disadvantage) ; Arrears of wages ($2,259.76) ; Arrears of holiday pay ($378.84) ; Interest (7.8%) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s103(1)(b);ERA s114;Holidays Act 2003 s15(d);Holidays Act 2003 s23(2) |
| Number of Pages | 6 |
| PDF File Link: | aa 405_08.pdf [pdf 23 KB] |