| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 94/10 |
| Hearing date | 11 May 2010 |
| Determination date | 12 May 2010 |
| Member | P R Stapp |
| Representation | S Emslie ; M Guy |
| Location | Whanganui |
| Parties | McLeod v Kalilands Ltd t/a K & M Dinners |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought unpaid wages, holiday pay and reimbursement of mileage expenses – Respondent claimed no holiday pay owing because included in hourly pay rate – Applicant claimed no agreement to incorporate holiday pay into pay rate – Respondent claimed paid sum to applicant’s previous lawyer – Applicant argued no authority to make payment to anybody else but current representative – Applicant instructed lawyer not to cash cheque because did not include holiday pay or filing fee – Authority found respondent to make payment to applicant or current representative – Found contact details in statement of problem superseded earlier requests from applicant’s previous lawyer for payment – Found respondent had no authority to assume payment to be made to another lawyer having received statement of problem – Found applicant entitled to refuse cheque for payment through another lawyer considering respondent’s unilateral decision payment of lesser amount in full and final settlement – Authority accepted applicant’s claims for arrears and reimbursement of mileage – Respondent failed to provide written employment agreement – Found criteria not met for holiday pay incorporated into pay rate – Wages, holiday pay and expenses due and owing – Driver |
| Result | Application granted ; Arrears of wages ($391.62) ; Arrears of holiday pay ($168) ; Reimbursement of expenses (Mileage)($11.80) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s66;Holidays Act 2003 s28 |
| Number of Pages | 5 |
| PDF File Link: | wa 94_10.pdf [pdf 20 KB] |