| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 108 |
| Hearing date | 3 Feb 2011 - 26 May 2011 (2 days) |
| Determination date | 27 May 2011 |
| Member | P R Stapp |
| Representation | G Ogilvie ; A Price, N Price |
| Location | Wellington |
| Parties | Fitzpatrick v Mahaki Properties Ltd |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY - Applicant sought $720 unpaid wages and $542 unpaid holiday pay – Respondent denied wages owed as applicant did not attend work, walked out after giving notice and claimed sick leave for notice period – No signed employment agreement between parties – Applicant not required to complete weekly timesheets like other employees due to position – Applicant wanted to resign and claimed told by Department of Labour had to give week’s notice – Applicant claimed owner (“P”) became angry and hostile when gave notice and applicant became stressed and unwell – Applicant took time off and believed covered by sick leave – P claimed applicant’s last day on day applicant failed to take care of business when another owner overseas – P claimed on same day applicant left uniform, keys and note would not be fit to work for rest of week – Applicant claimed gave notice following day - Applicant claimed worked day owner overseas and following three days but took three days sick leave – Applicant claimed daughter returned uniform and keys and provided medical certificate on day applicant sick – Applicant not paid any holiday pay but paid unidentified amount after notice ended – Authority found parties’ evidence of what Department of Labour told them about rights and entitlements unreliable – Respondent accepted owed applicant some holiday pay – Authority found applicant’s evidence consistent and applicant gave notice day after owner absent – Authority noted no witnesses to P being given notice day before – Found applicant worked day owner absent and following three days – Noted P and witnesses’ evidence unreliable – Found applicant entitled to be paid for four days work and two days sick leave – COSTS – One day investigation meeting - Found applicant entitled to contribution towards costs - Found nothing exceptional or unusual about investigation – Respondent to pay applicant $1,000 costs - Kitchen Manager/Cook |
| Result | Applications granted ; Arrears of wages ($720) ; Arrears of holiday pay ($542.60) ; Costs in favour of applicant ($1,000) |
| Main Category | Arrears |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_108.pdf [pdf 26 KB] |