| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 23/10 |
| Hearing date | 22 Sep 2009 - 2 Dec 2009 (2 days) |
| Determination date | 03 February 2010 |
| Member | P Montgomery |
| Representation | G Devlin ; R Brazil |
| Location | Dunedin |
| Parties | McCombie v Papworth Asset Management Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant inquired into why annual leave had not been paid – Applicant subsequently resigned – Applicant obtained wage records – Respondent produced different records – Applicant’s documentation preferred – Found respondent made payments to applicant – Found payments needed to go to credit of respondent – Applicant underpaid following pay rise and increase in hours worked – Applicant continued to be underpaid despite further wage increase – Found applicant entitled to underpaid wages – Found applicant entitled to unpaid annual leave – Found rejuvenation days accorded to other staff – Found applicant entitled to payment for rejuvenation days – Found respondent met claim for unpaid sick leave – Found applicant entitled to unpaid statutory days – Found respondent paid applicant in respect of incorrectly paid annual leave – Authority declined claim for incorrectly paid annual leave – Found claim for unpaid commission and bonus unclear and no award made – Found no agreement as to shopping days – Interest payable on money awarded – PENALTY – Applicant delayed lodging claims – Found no discretion to order penalties – COSTS – Applicant claimed costs for advice and representation up to first mediation – Mediation undertaken with consent of parties rather than under direction of Authority – Authority declined to award those costs – Applicant received settlement offer of $10,000 – Respondent failed to provide statement in reply – Costs to lie where they fall – Client services clerk |
| Result | Application granted ; Arrears of wages and holiday pay ($5,056.50)(Under-rate payments) ($7,285)(Unpaid annual leave) ($774)(Rejuvenation days) ($400)(Unpaid statutory days) ; Interest (4.65%) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s131;ERA s132;ERA s135(5);ERA Second Schedule s11(1);ERA Second Schedule s11(2) |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 935 |
| Number of Pages | 10 |
| PDF File Link: | ca 23_10.pdf [pdf 40 KB] |