| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 28 |
| Hearing date | 31 Jan 2012 |
| Determination date | 16 February 2012 |
| Member | H Doyle |
| Representation | S Moses ; no appearance |
| Location | Blenheim |
| Parties | Pravinsinh v Savvy Contracting 2008 Ltd |
| Summary | RECOVERY OF MONIES – ARREARS OF WAGES – Applicant sought recovery of monies paid to respondent and unpaid wages – No appearance for respondent – Applicant claimed respondent shareholder (“S”) demanded applicant pay S most of received wages – Applicant claimed paid S wages out of fear S would carry out threat to revoke applicant’s work permit which could impact residency application – Applicant claimed S continuously demanded applicant pay wages to S – Applicant claimed received no wages for four months – Applicant claimed employment ended when had keys taken by S and informed that respondent was moving offices – Applicant provided bank statements for relevant period – Authority satisfied applicant placed lot of importance on work permit and residency application – Found applicant was credible witness – Found pattern in applicant’s bank statements which supported applicant’s claims – Found applicant did pay money from wages to S because of S’s threats – Found S held out by respondent as being in position of authority within respondent and someone who had considerable control over business – Respondent ordered to reimburse applicant $14,920 – Respondent ordered to pay applicant $8,200 in unpaid wages – Interest payable |
| Result | Applications granted ; Recovery of monies ($14,920) ; Arrears of wages ($4,250) ; Interest (5%) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12;Judicature Act 1908 s87(3) |
| Number of Pages | 13 |
| PDF File Link: | 2012_NZERA_Christchurch_28.pdf [pdf 57 KB] |