| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 343/09 |
| Hearing date | 14 Sep 2009 |
| Determination date | 24 September 2009 |
| Member | R A Monaghan |
| Representation | Y Bo Liu (in person) ; J Balia |
| Location | Auckland |
| Parties | Liu v Auckland Fruit Market Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed one weeks pay and holiday pay on termination of employment - Respondent claimed entitled to make deductions under applicant’s employment agreement (“EA”) as applicant terminated employment before end of notice period - Applicant informed respondent wanted to resign so could travel to China to visit sick mother as soon as possible - Respondent expected four weeks notice specified in EA and indicated early departure would cause difficulties - Few days later respondent claimed applicant told him had booked ticket to China for two weeks time - Respondent claimed believed had no choice but to let applicant leave - Applicant denied telling respondent had booked ticket - Authority found since no other explanation as to how parties agreed on applicant’s leaving date accepted applicant told respondent had booked ticket - Respondent found out applicant had not gone to China and instead obtained another job - Authority found likely applicant wanted to leave respondent and possibility of travel to China provided convenient reason to leave before notice period finished - Found applicant did not book ticket to China and had not since travelled to China - Found applicant did not tell truth about plans when sought to resign and acted in bad faith - Authority found applicant entitled to leave employment if unhappy but not entitled to misrepresent intentions to obtain permission to leave before notice period ended - Found if wrong that trip to China was excuse and trip was intended then applicant should have advised respondent that plans changed and been prepared to work out notice period - Applicant’s claim had permission to leave before notice period ended rejected - Authority found clause relied on to make deductions internally inconsistent - Found consent for deductions had to be clear as well as in writing - Found inconsistency meant consent to deduction not clear - Found deductions of one week’s pay and holiday pay breached Wages Protection Act 1983 - Found applicant’s failure to act in good faith did not affect matter - Respondent to pay applicant sums owed |
| Result | Application granted ; Arrears of wages (1 week) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 5 |
| PDF File Link: | aa 343_09.pdf [pdf 21 KB] |