| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 36/10 |
| Hearing date | 22 Feb 2010 |
| Determination date | 25 February 2010 |
| Member | P R Stapp |
| Representation | M Milosevic ; J Meyer |
| Location | Palmerston North |
| Parties | Chandler v Fieldworks Services Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Respondent accepted wages due and owing however claimed in dire financial situation and no funds to pay arrears – Authority ordered respondent to pay applicant $4,434 arrears of wages – Interest payable – Respondent accepted was applicant’s employer - PENALTY – Applicant sought penalties for breach of employment agreement and failure to provide wage and time records – Found respondent failed to pay applicant 13 weeks wages – Found respondent not proved had done everything possible to pay wages on time - Found respondent deliberately failed to meet wage and time records request – Found despite records provided at investigation meeting, should have been provided earlier – Found penalty award would jeopardise applicant’s changes of being paid arrears therefore declined penalty – Authority emphasised decision not to condone applicant’s conduct, and if ordered penalty, would have made it payable to Crown - COSTS – Found $1,500 reasonable contribution to applicant’s costs appropriate |
| Result | Application granted (Arrears of wages) ; Application dismissed (Penalty) ; Arrears of wages ($4,434.95) ; Interest (4%)($148.72) ; Costs in favour of applicant ($1,500) |
| Main Category | Arrears |
| Statutes | ERA s4;ERA s221(1);ERA s221(d) |
| Number of Pages | 5 |
| PDF File Link: | wa 36_10.pdf [pdf 27 KB] |