| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 114 |
| Hearing date | 8 Mar 2011 |
| Determination date | 20 June 2011 |
| Member | P R Stapp |
| Representation | P Cheng, L Gilmor ; T Cleary |
| Location | Wellington |
| Parties | Diakaki v Greek Orthodox Community of Wellington Inc |
| Summary | ARREARS OF WAGES - Applicant claimed underpaid for hours worked and not paid fortnightly in accordance with employment agreement – Authority found applicant signed employment agreement for 20 hours per week – Applicant’s work visa granted by New Zealand Immigration Service on condition employment met full time requirements – Respondent denied undertook to increase applicant’s hours to 36 hours per week - Authority found respondent’s President (“B”) acted personally, not as President, in dealings with applicant before work offer made – Found B had no authority to offer applicant work before vacancy occurred and informal arrangements between parties of 36 hours’ work per week not likely to have existed - Found applicant not paid for sick leave correctly but parties had not examined wage records before investigation meeting – Authority confirmed applicant entitled to $205 sick leave - Respondent claimed applicant paid correctly until hours reduced by agreement and agreed to monthly pay as never complained – Authority found applicant did not complain when paid monthly and penalty claim out of time - ARREARS OF HOLIDAY PAY – Found arrears of holiday pay but parties had not examined wage records before investigation meeting – Authority confirmed respondent owed $247 holiday pay - Arrears of holiday pay claim reserved - RECOVERY OF MONIES - Applicant claimed separate reimbursement for expenses and translations unpaid – No supporting evidence provided - Authority found no agreement applicant would be paid separately for expenses – Applicant’s employment agreement provided for separate translation payments if these related to respondent – Authority found matter not raised with respondent until statement of problem lodged - Found translations were voluntary for B personally – GOOD FAITH – Applicant claimed misled and deceived by respondent about hours of work - Authority found no evidence of misleading or deceptive conduct by respondent – Found penalty claim out of time – Found respondent did not breach good faith obligations - Teacher |
| Result | Applications dismissed (recovery of monies) (good faith) (arrears of wages) ; Arrears of holiday pay reserved ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s135(5) |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_114.pdf [pdf 29 KB] |