| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 454/10 |
| Hearing date | 28 Jun 2010 |
| Determination date | 21 October 2010 |
| Member | V Campbell |
| Representation | J Parlane ; S Laubscher |
| Location | Auckland |
| Parties | Smith v Tasman Design & Civil Ltd |
| Summary | GOOD FAITH – Applicant claimed respondent breached good faith obligations – Authority found actions giving rise to claim unclear – Found claim related to behaviour at mediation – Found Authority had no ability to enquire into conduct of parties at mediation – Found breach of good faith claim not satisfied – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed amount deducted from final pay for training courses required to attend as part of performing role and for safety boots paid for by respondent – Found applicant agreed to deductions from final pay for training course if left employment within 12 months of completing training course – Found deductions made in accordance with employment agreement (“EA”) – Found applicant entitled to one pair of safety work boots as per EA – Found no deduction made for work boots – Found no deduction made for second pair of work boots as no money left from which to make deduction – UNJUSTIFIED DISADVANTAGE – Applicant claimed disadvantaged as result of manner in which respondent pursued insurance claim following car accident – Respondent and insurance company requested statement from applicant – Applicant claimed suffered from harassment as result of actions of insurance company – Applicant claimed insurance company acted on respondent’s instructions – Found respondent did not harass or take any action against applicant in relation to car accident – No disadvantage – Applicant claimed failure by respondent to produce wage and time records amounted to disadvantage in employment – Found no disadvantage because respondent failed to produce records after employment ended – PENALTY – Applicant sought payment for penalty for failing to provide wage and time records – Records not forthcoming until Authority issued direction – Found respondent breached statutory obligation to provide wage and time records when requested - $500 penalty appropriate – Foreman/carpenter |
| Result | Applications dismissed (Good faith) (Unjustified disadvantage) ; Application granted (Penalty) ; Penalty ($500)(payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s130(4) |
| Number of Pages | 5 |
| PDF File Link: | aa 454_10.pdf [pdf 30 KB] |