| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 369 |
| Hearing date | 19 Aug 2011 |
| Determination date | 23 August 2011 |
| Member | R Larmer |
| Representation | no appearance ; K Sullivan, D Quinn |
| Location | Tauranga |
| Parties | King v Waste Tyre Solutions Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for applicant – Authority found telephone conference took longer than usual because applicant made number of wide ranging allegations that did not appear to relate to claims outlined in statement of problem – Found applicant did not comply with agreed timetable – Found applicant’s witness statement inadequate as did not identify what evidence would be relied on to support claims – Applicant failed to file supplementary witness statement – Found applicant produced no evidence in support of claims – Found applicant resigned of own free will – No unjustified dismissal – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed not paid for hours recorded on timesheets – Former owner and director of respondent (“L”) claimed had problem with applicant recording hours that had not been worked on timesheets and applicant had been given two written warnings – Found applicant not owed pay for hours worked – Applicant claimed had not been paid annual holidays or statutory holidays entitlement – Found applicant not entitled to arrears of holiday pay – Applicant claimed had not been paid meal allowances – L claimed applicant had not produced any meal receipts to respondent which had not been reimbursed – Found applicant not owed meal allowances – Applicant claimed owed staying away from home allowance – L claimed applicant never entitled to such allowance – Found applicant not owed staying away from home allowance – Applicant claimed not been paid bonuses – L claimed on occasions when discretion exercised to pay applicant bonus it was paid correctly – Found applicant not owed bonuses – Applicant claimed respondent made unlawful deductions from wages – Found no unlawful deductions made – No arrears of wages or holiday pay owing |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s134A;ERA Second Schedule cl12 |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Auckland_369.pdf [pdf 31 KB] |