| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 30 |
| Hearing date | 19 Jan 2012 |
| Determination date | 20 January 2012 |
| Member | E Robinson |
| Representation | H McGill ; no appearance |
| Location | Auckland |
| Parties | Spectrum Care Trust Board v Huriwai |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of overpaid wages – Applicant claimed respondent claimed for but hours not worked by respondent – No appearance for respondent – Authority found respondent had not shown good cause for failure to attend investigation meeting – Respondent employed to support client with disabilities (“X”) at client’s home – Applicant claimed all employees completed induction process where timesheet process explained and employees signed memorandum indicating understood applicant’s procedures – Applicant required weekly timesheets signed by employee and countersigned by client’s family – Applicant’s service co-ordinator (“Y”) claimed X’s family told Y numerous times were happy with respondent’s care of X – Applicant’s administrator (“P”) claimed X’s family also told P happy with respondent’s care of X – P claimed as signature of X’s family on timesheets remained unchanged had no reason to be concerned – X’s family cancelled service and told applicant respondent had not provided services and X’s family had not signed timesheets for last three years – Applicant attempted unsuccessfully to contact respondent – Respondent dismissed - Respondent sent applicant text message offering to pay monies owed at rate of $25 per week – Applicant claimed invited respondent to meeting but respondent failed to return applicant’s calls – Found applicant entitled to reimbursement of overpaid wages – Authority recommended applicant implement policy where support workers contacted from time to time when providing service to client’s family - Respondent to pay applicant $12,683 reimbursement of overpaid wages – Support Worker |
| Result | Applicant granted ; Recovery of monies ($12,683.83) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_30.pdf [pdf 24 KB] |