| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 2 |
| Hearing date | 11 Nov 2010 |
| Determination date | 10 January 2011 |
| Member | P Cheyne |
| Representation | G Pollak ; N McArthur, D Robertson |
| Location | Nelson |
| Parties | Goodhew and Anor v Green Tulip Box Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought unpaid wages and holiday pay and reimbursement of expenses – Applicants claimed parties agreed if applicants unable to take leave due to work load, leave could be accumulated – Authority found no entitlement to payment for untaken days off – Found arrangement informal – Found no contemplation of additional payment beyond salary – Applicants claimed wages unpaid for two months up to date of resignation – Applicants claimed respondent failed to pay outstanding holiday pay or reimburse outstanding expenses – Applicants claimed constructive dismissal – Found grievance not raised within 90 days – Authority dismissed respondent’s claim agreement to replace salaried employment with hourly rate employment – Found applicants entitled to full salary until resignation – Found unpaid holiday pay due and owing – Found reimbursement for mileage and other expenses to be offset against cash and alcohol taken by applicants with respondent’s consent – PENALTY – Applicants sought penalty for breach of employment agreements – Found respondent unable to pay salaries due to trading difficulties – Found respondent borrowed money to keep business operating – Found no wilful breach of employment agreements – Found evidence applicants breached restraint of trade clause but Authority not asked to enforce restraints – No penalty |
| Result | Application granted (arrears of wages and holiday pay) ; Application dismissed (penalty) ; Arrears of wages and holiday pay ($13,990.88)(first applicant) ($13,990.88)(second applicant) ; Reimbursement of expenses ($530.25)(applicants jointly) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2004 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_2.pdf [pdf 27 KB] |