| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 197/09 |
| Hearing date | 15 Oct 2009 |
| Determination date | 17 November 2009 |
| Member | P Cheyne |
| Representation | R Brazil ; N Neems |
| Location | Invercargill |
| Parties | Miller & Ors v Herbert Building and Construction Services Ltd |
| Other Parties | Miller, Bone |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – First, second and third applicant sought arrears of wages and holiday pay – Applicants’ employment agreement (“EA”) provided 40 hours per week – Applicants usually worked overtime and paid for overtime – EA required respondent to pay applicants’ wages fortnightly in arrears – Respondent, on several occasions, failed to pay applicants’ wages on time or failed to pay wages – Applicants demanded their due wages and would not work until wages paid – Respondent subsequently paid wages for new pay period and made additional “good will payment” - Applicants resigned – Authority found applicants’ not entitled to wages for period where applicants refused to work because EA only required payment for time actually worked – Found arrears of wages and holiday pay due and owing for hours actually worked – Respondent ordered to pay first applicant $2,832 arrears of wages and holiday pay and further $315 arrears of holiday pay - Respondent ordered to pay second applicant $45 arrears of holiday pay - Respondent ordered to pay third applicant $145 arrears of wages and $68 arrears of holiday pay – Interest payable - PENALTY – Applicants sought penalty for breach of EA – First applicant claimed continuing breach by respondent of failure to pay final pay – Authority reserved penalty award as no reason to fix penalty as matter of urgency – Penalty reserved – Builders |
| Result | Applications granted (Arrears of wages)(Arrears of holiday pay) ; Application reserved (Penalty) ; Arrears of wages and holiday pay ($2,832.53)(First applicant) ; Arrears of holiday pay ($315)(First applicant) ; Arrears of holiday pay ($45.58)(Second applicant) ; Arrears of holiday pay ($68)(Third applicant) ; Arrears of wages ($145.68)(Third applicant) ; Interest (4.5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Painter v Canstaff Limited unreported, P Cheyne, 13 Aug 2009, CA 78A/09 |
| Number of Pages | 6 |
| PDF File Link: | ca 197_09.pdf [pdf 20 KB] |