| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 12/09 |
| Determination date | 30 January 2009 |
| Member | J Crichton |
| Representation | A McDonald (In person) ; D Gogna |
| Location | Christchurch |
| Parties | McDonald v Be Gorgeous New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of respondent – Applicant’s first employment agreement (“EA”) with Gorgeous Hair New Zealand – Employment relationship transferred to respondent following ownership restructure – Respondent presented applicant with second EA – Applicant refused to sign claiming terms “onerous” – Authority found respondent correct respondent due to transfer of employment relationship and second EA applied - RECOVERY OF MONIES – Applicant claimed entitled to reimbursement of costs – Respondent claimed withholding of proceeds due to applicant owing respondent money and no liability to reimburse under second EA – Applicant claimed work related costs incurred in relation to truck rental and travel expenses – Respondent claimed company policy to withhold reimbursements for 12 months and applicant not entitled to reimbursement due to resigning before period completed – Authority found second EA “so vague as to be meaningless” therefore first EA applied to reimbursement - Found applicant entitled to immediate reimbursement of work costs under first EA – Respondent ordered to reimburse applicant costs – ARREAR OF WAGES AND HOLIDAY PAY - Second EA provided for deduction of wages for unreturned and damaged property - Applicant’s evidence items returned undamaged preferred - Authority found under s4 Wages Protection Act 1983 employee entitled to wages without deduction unless written consent given – Found no consent and no circumstances to justify deductions – Found second EA contrary to law – Respondent to pay applicant sums owed |
| Result | Applications granted ; Arrears of wages ($1072) ; Reimbursement of expenses incurred by employee ($485) ; Disbursement in favour of applicant ($70)(Filling fee) |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | ca 12_09.pdf [pdf 27 KB] |