| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 484/10 |
| Hearing date | 15 Nov 2010 |
| Determination date | 17 November 2010 |
| Member | R A Monaghan |
| Representation | M Pehi ; L Campbell |
| Location | Auckland |
| Parties | Beckham (deceased) v Aspen Drainage Company Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant deceased - Applicant died intestate and no administrator appointed - Applicant’s partner (“P”) claimed applicant owed outstanding wages and holiday pay - P also sought return of applicant’s work tools and other items - Respondent disputed whether P applicant’s partner at time of applicant’s death as believed had separated - Respondent claimed P had no legal right to bring claim - Respondent claimed paid applicant final pay and holiday pay - Authority addressed issue of whether arrears of wages and holiday pay outstanding first - Applicant became too ill to work - Applicant obtained medical certificate stating unfit to work for 5 days - Applicant’s condition serious and was admitted to hospital shortly afterwards - Applicant died approximately three weeks later - Applicant did not have access to bank account of own so wages paid into bank accounts of family members - Respondent’s director (“T”) claimed visited applicant in hospital and applicant requested be paid outstanding wages in cash - Claimed visited applicant few weeks later and applicant requested be paid outstanding holiday in cash - T claimed made out checks for amounts, banked them, withdrew corresponding amounts in cash which paid to applicant - T produced cheque butts, bank statements showing cheques banked and pay slips with cheque numbers recorded on slips - P claimed no-one saw T give applicant money and no money found in applicant’s room - Authority found while not enough evidence to conclusively prove T paid applicant outstanding amounts accepted T’s evidence more likely than not - Found applicant had been paid outstanding wages and holiday pay - During investigation meeting T undertook to forward applicant’s tools and other items to P - Authority found that resolved matter - Application dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 4 |
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