Lawrence v Clutha Grazing Company Ltd

Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 205/10
Hearing date 24 Sep 2010
Determination date 09 November 2010
Member H Doyle
Representation JT Lawrence (in person) ; D Lawrence
Location Balclutha
Parties Lawrence v Clutha Grazing Company Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY – Parties agreed applicant owed wages claimed – Respondent argued holiday pay included in hourly rate – Applicant claimed not provided employment agreement and did not realise holiday pay part of hourly rate – Found employee required to agree to such payments in EA and holiday pay to be paid as identifiable component of pay rate – Found in absence of EA not satisfied applicant’s employment either fixed term or casual – Found holiday pay owing – Respondent ordered to pay applicant arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought reimbursement for various items used during employment – Found applicant entitled to cost of new battery, throttle cable and water blaster, piglets, cellphone, electricity, and use of welder – Respondent ordered to pay applicant $4264 – COUNTERCLAIM – Respondent counterclaimed against applicant for cost of clearing trees on farmhouse property – Authority found some benefit to respondent of applicant’s work of starting to clear trees – Found award not to be made if full – Applicant ordered to pay respondent $180 – Found applicant not responsible for damage to lawnmower – Found not satisfied applicant took diesel from respondent – 6 percent interest awarded on arrears of wages and holiday pay owing
Result Applications granted (Arrears of wages and holiday pay)(Recovery of monies)(Counterclaim) ; Arrears of wages and holiday pay ($3567.70) ; Recovery of monies ($4264.70) ; Interest (6 percent) ; Costs in favour of applicant
Main Category Arrears
Statutes Holidays Act 2003 s28;ERA Second Schedule
Number of Pages 9
PDF File Link: ca 205_10.pdf [pdf 38 KB]
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