| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 151 |
| Hearing date | 16 Mar 2011 |
| Determination date | 13 April 2011 |
| Member | R A Monaghan |
| Representation | K McLean (in person) ; V Pilbrow |
| Location | Tauranga |
| Parties | McLean v Overdimensional Haulage Ltd. |
| Summary | ARREARS OF WAGES – Applicant sought to recover outstanding wages – Respondent denied wages outstanding – Employment of seven months – Respondent unsuccessfully attempted to employ applicant through beneficiary training programme - Parties made own arrangement that applicant would be trained by respondent – Applicant received sickness benefit and cash payments for expenses until became permanent employee - Discrepancies between diary notes and route worksheets of hours worked - Authority relied on route worksheets as no other records available – Applicant sought payment at $16 hourly rate – Applicant submitted first six weeks were unpaid training period but also acknowledged parties agreed would be on three-month training course – Submitted understood payment would commence after successful training completed – Respondent submitted applicant’s skills inadequate and could not leave applicant to drive truck on his own – Submitted applicant’s performance was never at acceptable level and could not pay applicant as permanent employee – Authority found parties never agreed about applicant’s hourly rate – Found respondent could not continue training arrangement indefinitely – Found applicant entitled to be paid minimum wage for period worked – Authority calculated applicant owed $7,060 wages in total - Found applicant effectively paid wages of $5,867 after taking into account petrol and food personal expenses paid for by respondent – Respondent to pay applicant remaining balance, if any, after $5,867 and tax payable deducted from total owed - ARREARS OF HOLIDAY PAY – Applicant did not seek holiday pay – Authority found applicant entitled to holiday pay for period of employment - Driver |
| Result | Application granted ; Arrears of wages (Quantum to be determined) ; Arrears of holiday pay (Quantum to be determined) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_151.pdf [pdf 15 KB] |