| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 142 |
| Hearing date | 19 Aug 2011 |
| Determination date | 23 September 2011 |
| Member | J Crichton |
| Representation | A Akeson (in person) ; H Learmouth (in person) |
| Location | Queenstown |
| Parties | Akeson v J & H Learmouth |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed unpaid wages and holiday pay – Respondents claimed no money owing – Respondents claimed declined to pay applicant’s final three weeks’ wages and holiday pay because applicant failed to provide services during holiday in Samoa – Respondents claimed sent applicant back home early – Applicant claimed did not refuse to work and did not agree to being sent home early – Authority found applicant unable to exchange return ticket to go home early and left at airport with insufficient personal funds to buy new ticket – Found applicant instructed to take one weeks’ unpaid leave when family returned from Samoa – Respondents claimed applicant failed to provide services over Christmas period – Applicant claimed family went on holiday during period and applicant not invited – Parties also contested applicant left employment two days before notice period expired – Found not available to respondents to simply stop payments because of dissatisfaction with work provided – $1,189 unpaid wages and holiday pay due and owing – Found respondents unable to retain wages and holiday pay due and owing to set off against moneys owed to respondents – COUNTERCLAIM – RECOVERY OF MONIES – Respondents sought to set off money for period applicant did not work, outstanding telephone account, and cost of damaged car tyre – Respondents sought reimbursement for personal telephone calls made by applicant – Respondents relied on provision in employment agreement (“EA”) which stated applicant responsible for debts such as personal telephone calls – Applicant claimed if made personal telephone calls would pay respondents – Applicant claimed verbal agreement varied written terms of EA – Found conceivable that parties entered into verbal agreement and was further unilaterally varied by respondents when applicant brought proceedings – Found correct approach to require applicant pay $117 for personal telephone calls – Respondents claimed applicant irrevocably damaged car tyre – Respondents claimed EA clear applicant responsible for any damage caused to vehicle – Applicant claimed reached agreement with respondents and paid half of cost of car tyre – Respondents denied arrangement reached – Found applicant paid half of cost of damage – Found applicant owed further $62 – Au Pair |
| Result | Applications granted ; Arrears of wages and holiday pay ($1,189.99) ; Recovery of monies ($179.69) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_142.pdf [pdf 36 KB] |