| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 18 |
| Hearing date | 1 Feb 2011 |
| Determination date | 03 February 2011 |
| Member | D Asher |
| Representation | C Allomes (in person), T Perkins ; K Freemantle (in person), M Barham |
| Location | Napier |
| Parties | Allomes v Freemantle |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Parties claimed agreement entered whereby applicant worked at reduced rate and occupied farm house rent free – Respondent claimed no employment relationship – Respondent gave applicant notice to vacate house – Respondent confirmed notice to vacate also notice of termination of employment – Applicant claimed worked additional hours and claimed proposed to stay in house for equivalent rental period or accept rounded down arrears of wages – Respondent rejected proposal – Found parties did not agree to applicant receiving wages when worked excess of agreed hours for free accommodation – Authority found applicant employed by respondent – Found employment agreement (“EA”) not in breach of Wages Protection Act 1983 – Found grievance raised outside 90 day period and no application for leave made – Found applicant failed to provide evidence of actual hurt and humiliation arising from unjustified disadvantage initiated by respondent – Found no causal link – No unjustified disadvantage – PENALTY – Respondent failed to provide written EA – No penalty sought by applicant – Found no value in imposing penalty on Authority’s initiative – ARREARS OF WAGES – Applicant claimed owed one week’s wages – Respondent claimed payment made into applicant’s bank account following week – Respondent produced wages record as proof of payment – Found applicant’s delay in bringing claim evidence of credibility of respondent’s explanation – No unpaid wages – Farm worker/manager |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6;ERA s63A(2);ERA s114(1);ERA s114(3);ERA s157(1);Wages Protection Act 1983 s7 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Wellington_18.pdf [pdf 28 KB] |