| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 353 |
| Hearing date | 4 Apr 2011 - 3 Jun 2011 (2 days) |
| Determination date | 09 August 2011 |
| Member | Y S Oldfield |
| Representation | V Raman ; G Wilson |
| Location | Auckland |
| Parties | Singh v Silver Oaks Group Ltd |
| Summary | ARREARS OF WAGES – Applicant claimed not paid for fulltime work in accordance with employment agreement and no requirement had to work minimum of 40 hours per week – Respondent claimed applicant unavailable for fulltime work as wife ill and requested to be paid hourly – Applicant claimed made request as not paid for overtime - Applicant acknowledged wife ill but disputed when hours decreased and provided medical certificate in support – Authority accepted applicant’s evidence – Parties unable to agree on when applicant returned to fulltime work – Authority found applicant entitled to be paid for minimum of 40 hours per week but later hours varied by agreement – Found applicant entitled to be paid $2,414 shortfall up to agreed variation of employment agreement - ARREARS OF HOLIDAY PAY – Applicant sought outstanding holiday pay - Respondent acknowledged some holiday pay owing but claimed had overpaid applicant’s wages – Respondent did not pay applicant’s annual leave and claimed offset outstanding holiday pay from overpayment – Applicant did not keep independent record of hours worked – Found applicant entitled to $2,777 arrears of holiday pay – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unable to work after not paid annual leave – Applicant dismissed after failed to report for work – Applicant claimed constructively dismissed when first told would not receive holiday pay – Found respondent’s failure to pay holiday pay for approved leave breached employment agreement – Dismissal unjustified – REMEDIES – No contributory conduct - $8,000 compensation appropriate - RAISING PERSONAL GRIEVANCE - Applicant claimed disadvantaged by arrears of wages and holiday pay – Respondent claimed grievance not raised within 90 day period – Found any other grievance subsumed by unjustified dismissal claim and unnecessary to determine whether disadvantage grievance raised within 90 days - COUNTERCLAIM – Respondent sought damages for overpayment of applicant’s wages - Respondent claimed payroll records showed net overpayment to applicant – Found respondent unable to provide evidence original payments wrong – Counterclaim dismissed - Chef |
| Result | Applications granted (arrears of wages and holiday pay) (unjustified dismissal) ; Arrears of wages ($2,414) ; Arrears of holiday pay ($2,777.29) ; Compensation for humiliation etc ($8,000) ; Application dismissed (raising personal grievance) ; Counterclaim dismissed ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_353.pdf [pdf 22 KB] |