| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/10 |
| Hearing date | 11 Feb 2010 |
| Determination date | 04 May 2010 |
| Member | L Robinson |
| Representation | N McGechie ; No appearance |
| Location | Auckland |
| Parties | McGechie v McQuoid |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant claimed arrears of wages, holiday pay, sick leave and chainsaw allowance – Respondent submitted claims unfounded and never employed applicant – Authority did not accept argument and regarded matter as undefended – Applicant paid regularly except for chainsaw allowance – Applicant unwell and doctor certified unfit for work – Applicant claimed respondent would not answer phone calls and ignored applicant when visited respondent’s home – Applicant did not return to work and relationship did not continue because respondent would not engage – Authority accepted unchallenged evidence of oral employment agreement – Wages, sick pay and holiday pay due and owing – Found applicant failed to pursue chainsaw allowance during employment and term too vague to be enforced – UNJUSTIFIED DISMISSAL – Found no sending away amounting to dismissal – Found applicant acquiesced and employment simply came to end by joint inertia of both parties – No dismissal – COSTS – Length of investigation meeting not specified – No order for costs – Woodcutter |
| Result | Application granted (arrears of wages and holiday pay) ; Application dismissed (unjustified dismissal) ; Arrears of wages ($1,950) ; Arrears of holiday pay ($2,144) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | aa 210_10.pdf [pdf 14 KB] |