| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 3/09 |
| Hearing date | 2 Sep 2008 |
| Determination date | 16 January 2009 |
| Member | P Cheyne |
| Representation | W Gilchrist ; P Zwart |
| Location | Christchurch |
| Parties | Gilchrist v White Gold Ltd |
| Summary | ARREARS OF WAGES – Applicant claimed unlawful deductions - Respondent claimed deductions lawful due to Employment Agreement (“EA”) and liability for damaged property – EA included supplied accommodation and authorised deductions from wages for rent and money owed to respondent – Respondent deducted $100 for cleaning, $150 for damage to carpet, $100 for rent from applicant’s final pay – Applicant received advice from accountant regarding deductions – Applicant claimed delivered letter with resignation to respondent’s letterbox – Conflict of evidence whether letter received – Applicant’s evidence preferred – Authority found EA contrary to Wages Protection Act 1983 and deductions recoverable – Found applicant acknowledged liability for damage and made no order for repayment – Found little difference between the state of property before and after professional cleaning – Found property not left in worse state when applicant moved out – Found no liability under EA for cleaning costs – Found deduction for rent exceeded period provided in EA and recoverable – Authority ordered repayment of cleaning costs and rent - ARREARS OF HOLIDAY PAY –Authority found respondent inaccurately calculated applicant’s holiday pay – Respondent ordered to pay applicant outstanding holiday pay – Authority acknowledged delay in receipt of final wages but no penalty claim made – Farm Manager |
| Result | Applications granted (Arrears of wages – cleaning costs)(Arrears of wages – rent deduction)(Arrears of holiday pay); Application dismissed (Arrears of wages – carpet) ; Arrears of wages ($121.43) ; Arrears of holiday pay (quantum to be determined) ; Interest (6%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 9 |
| PDF File Link: | ca 3_09.pdf [pdf 33 KB] |