| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 144 |
| Determination date | 26 September 2011 |
| Member | J Crichton |
| Representation | K Crimp ; G Malone |
| Location | Christchurch |
| Parties | Crimp v Talley's Group Ltd |
| Summary | ARREARS OF WAGES – Applicant sought unpaid wages and holiday pay – Matter determined on papers - Respondent claimed not entitled to payments as failed to give notice in accordance with employment agreement (“EA”) – Applicant remained on vessel four days after finished sea time before returned home in accordance with EA – Applicant told manager (“S”) was looking for other work and two weeks later sent S text message that would not be returning – Applicant’s EA missing and parties relied on generic agreements – Respondent claimed generic agreements in same terms as applicant’s EA - Applicant sought payment of “work by” for work performed when vessel not at sea – Authority found no entitlement for additional “work by” payment because applicant already paid salary – Applicant sought payment of “trip off” time – Applicant employed on salary basis and rostered for “trip off” time in accordance with EA – When rostered for “trip off” time and no actual work by employee salary payments continued but payment treated as annual holiday leave in advance – Allocation of “trip off” time depended on voyage length and availability of co-workers - Applicant claimed as vessel sailed on same morning confirmed resignation and represented start of “trip off” and therefore entitled to “time off” payment – Found applicant only eligible for payment if notice had expired on vessel’s return to port from that voyage amounting to one trip’s notice in writing – Found applicant’s notice deficient as gave with immediate effect and therefore did not take effect from date voyage ended – Application dismissed - Chief Engineer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_144.pdf [pdf 23 KB] |