| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 111/10 |
| Determination date | 06 May 2010 |
| Member | J Crichton |
| Representation | D Clark ; G Derrick (Respondent in person) |
| Location | Christchurch |
| Parties | Delany v Derrick (Caithness Farming Co Ltd) |
| Summary | ARREARS OF WAGES – Parties disagreed about finish date of applicant’s employment – Applicant claimed worked one week outside notice period to accommodate request by respondent – Respondent claimed no agreement to work extra week – Authority found applicant worked extra week and entitled to payment – Unpaid wages due and owing – PENALTY – Applicant sought penalty for breach of employment agreement for unreasonable delay in payment of wages and holiday pay – Found no misunderstanding about holiday pay owing – Found delay in paying holiday pay unreasonable - $500 penalty appropriate – $250 interest payable – COUNTERCLAIM – RECOVERY OF MONIES – Respondent claimed owed money by applicant for stains on carpet of farmhouse, missing tools from farm and goods charged to respondent’s account inappropriately – Found Authority not appropriate forum to resolve grievance in relation to farmhouse – Found no evidence to link applicant to missing tools – Applicant accepted error made in respect of account and immediately rectified – Found respondent’s evidence misleading and tried to portray applicant as dishonest – COSTS – Length of investigation meeting not specified – Applicant sought $1,500 contribution to costs – Found costs reasonable in circumstances |
| Result | Applications granted (Arrears of wages) (Penalty) ; Application dismissed (Counterclaim) ; Arrears of wages ($1,538.46) ; Penalty ($500) ; Interest ($250) ; Costs in favour of applicant ($1,500) |
| Main Category | Arrears |
| Number of Pages | 6 |
| PDF File Link: | ca 111_10.pdf [pdf 24 KB] |