| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 537 |
| Hearing date | 12 Dec 2011 |
| Determination date | 16 December 2011 |
| Member | D King |
| Representation | N Marshall ; no appearance |
| Location | Auckland |
| Parties | Chand v Motoring EFI 4000 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – RECOVERY OF MONIES – Applicant claimed unjustifiably disadvantaged by respondent – Applicant sought reimbursement of $5,000 bond advanced at respondent director’s (“K”) request – No appearance for respondent – K accepted took $5,000 bond from applicant and had not returned money – Applicant signed employment agreement with wages section blank – K amended agreement so that wages section stated $500 per week – Applicant told K did not agree with amended agreement and asked for $5,000 back – Authority found stated wage below minimum wage – Found $5,000 advanced by applicant was premium – Found even if $5,000 not premium applicant would be entitled to repayment – Found applicant disadvantaged by respondent’s requirement that applicant pay bond and by failure to return money – Respondent ordered to repay applicant $5,000 bond – REMEDIES – $3,000 compensation appropriate – COSTS – Length of investigation meeting not specified – Applicant sought contribution to costs – Respondent to pay $750 contribution to applicant’s costs |
| Result | Applications granted ; Compensation for humiliation etc ($3,000) ; Recovery of monies ($5,000) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($54.40) ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act 1983 s12A |
| Cases Cited | Sears v Attorney-General [1994] 2 ERNZ 39 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_537.pdf [pdf 13 KB] |