| Summary |
ARREARS OF WAGES - Respondent’s evidence preferred - Applicant had two periods of employment with respondent - First period of employment applicant worked 40 hours per week and claimed pay rate was 20 dollars per hour - Respondent claimed initially agreed to 20 dollars per hour but reduced rate to 15 dollars because of concerns about applicant’s standard of work - Authority satisfied applicant’s hourly rate 15 dollars per hour - Second period of employment Authority found applicant signed individual employment agreement for causal employment at 15 dollars per hour - No proper wage and time records kept - Authority found applicant’s claim for unpaid wages based on allegation not paid correct rate - Found claim could not succeed due to Authority’s finding applicant mistaken about rate - Dispute as to number of hours applicant worked during second period of employment - During second period of employment applicant living in house owned by respondent in another town while renovating it - Respondent claimed applicant became unreliable, was discovered in bed on a work day at 11am hungover, and had rung respondent on more than one occasion early in morning, grossly intoxicated, unable to find way back to house - Respondent assessed work for first week at house as 22 hours work and considered that generous - Authority satisfied no wages owing to applicant - Authority considered applicant treated very fairly in all circumstances - ARREARS OF HOLIDAY PAY - Authority found employment agreement provided for holiday pay to be paid - Found holiday pay not paid - Respondent to pay outstanding holiday pay - UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent falsely completed ACC form by stating incorrect start date, causing him disadvantage - Respondent acknowledged incorrectly filled out form but denied caused any disadvantage - Form used to calculate applicant’s ACC earnings related compensation - Authority found because earnings related compensation calculated on previous four weeks of employment respondent’s error did not cause applicant disadvantage - Respondent ordered to correct error with ACC - No unjustified disadvantage - COSTS - Costs to lie where they fall - Tradesman |