| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 20/10 |
| Hearing date | 19 Jan 2010 |
| Determination date | 08 February 2010 |
| Member | P R Stapp |
| Representation | H Hamilton ; M & S Levett |
| Location | Napier |
| Parties | Richardson v Sherenden Station Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed unpaid wages and holiday pay – Respondent acknowledged holiday pay owing but wished to off set amount against sums owed by applicant – Respondent disputed unpaid wages and claimed applicant would have received time in lieu if had remained in employment during low time of dairy season according to employment agreement – Authority found holiday pay due and owing despite deductions authority in employment agreement – Found unpaid wages not owing in reliance on employment agreement for time in lieu during low season – COUNTERCLAIMS – BREACH OF CONTRACT – Respondent argued applicant breached employment agreement for non-performance of duties – Respondent argued applicant failed to undertake work involving artificial insemination – Found no provision in employment agreement or job description to undertake task – Respondent argued applicant failed to account for missing and dead stock – Found no basis for claim – RECOVERY OF MONIES – Respondent sought compensation against applicant for failing to work out notice and refund for overpayment of salary – Applicant acknowledged overpayment in salary but argued should not have to pay it back – Authority reserved decision as to overpayment – Found applicant failed to work out notice – Found applicant sick during notice period – Found respondent accepted applicant’s resignation without any arrangement to pay out notice period – Found no basis for claim for cost in time for broken milk pump – Dairy farm manager |
| Result | Application granted (arrears of holiday pay) ($2,170.34) ; Recovery of wages (reserved) ; Application dismissed (arrears of wages)(breach of contract)(recovery of monies) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s6;Holidays Act 2003 s27;Wages Protection Act |
| Cases Cited | New Zealand Fire Service Commission v Warner and Ors unreported, P R Stapp, 4 Nov 2009, WA 171/09 |
| Number of Pages | 7 |
| PDF File Link: | wa 20_10.pdf [pdf 25 KB] |