| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 123 |
| Hearing date | 22 Feb 2012 |
| Determination date | 11 April 2012 |
| Member | D King |
| Representation | V Subramaniam (in person) ; D Debae |
| Location | Auckland |
| Parties | Subramaniam v TGH Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant claimed respondent failed to pay wages during applicant’s notice period, failed to pay applicant for working statutory holidays and unlawfully deducted accommodation costs from wages – Respondent accepted applicant entitled to be paid at rate of time and a half for statutory holidays and should be paid wages for notice period – Parties disputed when applicant’s employment commenced – Authority found commencement date in parties’ employment agreement correct – Found parties had oral agreement that applicant would pay respondent $100 weekly for accommodation – Found deductions from applicant’s wages for accommodation costs unlawful as respondent did not have applicant’s written consent – Respondent to pay applicant $7,335 arrears of wages and $923 arrears of holiday pay |
| Result | Application granted ; Arrears of wages ($7,335.19) ; Arrears of holiday pay ($923.09) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s4;Wages Protection Act 1964 s4(1);Wages Protection Act 1964 s4(2);Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s6;Wages Protection Act 1983 s6(2) |
| Cases Cited | Inspector v Michael Perry [1982] ACJ 51 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_123.pdf [pdf 14 KB] |