| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 113/10 |
| Hearing date | 22 Feb 2010 |
| Determination date | 11 March 2010 |
| Member | R A Monaghan |
| Representation | D Goldfinch (in person) ; JE Lockley (in person), IM Lockley (in person) |
| Location | Auckland |
| Parties | Goldfinch v Lockley and Anor |
| Other Parties | Lockley |
| Summary | BREACH OF CONTRACT – Applicant sought payment in lieu of notice for termination of employment relationship – Respondent alleged applicant’s performance poor causing respondent to lose customer contract – Applicant subsequently made redundant following loss of contract - Applicant claimed not liable for loss of contract – Claimed termination for redundancy unjustified – Authority found no evidence proving applicant’s poor performance caused loss of contract – Found no evidence redundancy justified – Found dismissal unjustified therefore entitled to pay in lieu of notice – Respondent ordered to pay applicant $923 pay in lieu of notice - COUNTERCLAIM – Breach of contract – Respondent counterclaimed for $500 damages as result of lost contract caused by applicant - Authority dismissed counterclaim for insufficient evidence – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY - RECOVERY OF MONIES - Applicant sought payment of annual leave – Authority found leave already paid – Applicant sought arrears of wages for working statutory holiday – Found applicant overpaid by $864 for statutory holiday pay – Applicant ordered to pay respondent $864 for overpayment – Applicant withdrew claims for deduction of phone expenses from wages – Applicant sought reimbursement meal allowances – Respondent ordered to reimburse applicant $160 meal allowances - Applicant sought recovery of $197 for unlawful deduction of wages – Respondent argued heard from employee applicant took company property – Found mere reliance on other employee’s words not grounds for lawful deduction of wages – Found deduction unlawful – Respondent ordered to reimbursement applicant $197 – Interest payable – Truck Driver |
| Result | Applications granted (Breach of contract)(Arrears of wages)(Arrears of holiday pay)([Recovery of monies]) ; Application dismissed (Counterclaim – Breach of contract) ; Breach of contract ($923.10)(Pay in lieu of notice) ; Arrears of wages ($276.93)(Statutory holiday) ($160)(Meal allowance) ; Recovery of monies ($197.55)(Reimbursement of monies deducted from wages) ; Arrears of holiday pay ($864)(Repayment of overpaid holiday pay to respondent) ; Interest payable (4.8%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 7 |
| PDF File Link: | aa 113_10.pdf [pdf 23 KB] |