| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 168 |
| Hearing date | 13 Oct 2011 |
| Determination date | 02 November 2011 |
| Member | P R Stapp |
| Representation | M Clince ; no appearance |
| Location | New Plymouth |
| Parties | Clince v Johnson |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Respondent failed to lodge statement in reply – Authority found respondent served with claim and notice of investigation meeting - Found respondent told Authority had no intention of appearing at investigation meeting – Found respondent did not provide good reason for failure to attend and respondent obstructed investigation - Applicant had equal share milking arrangement with respondent – Applicant claimed offered to help respondent after employment relationship between respondent and previous employee ended and parties agreed “with hand shake” – Found parties agreed applicant would milk and undertake general farm hand duties – Found applicant employed by respondent personally – ARREARS OF WAGES – Applicant sought arrears of wages from respondent – Found parties agreed applicant would be paid $450 weekly plus tax – Found arrears of wages due and owing – COSTS – Length of investigation meeting not specified – No order for costs – Share Milker/Farm Hand |
| Result | Application granted ; Arrears of wages ($8,550) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s141;ERA s181;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_168.pdf [pdf 16 KB] |