Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2012] NZERA Auckland 146
Hearing date 3 Apr 2012
Determination date 01 May 2012
Member R A Monaghan
Representation S Prasad, V Narayan, R Kant ; A Kashyap
Location Auckland
Parties Prasad & Ors v Supreme Builders & Developers (NZ) Ltd
Other Parties Narayan, Kant
Summary ARREARS OF WAGES AND HOLIDAY PAY - First applicant (P") and second applicant ("N") sought arrears of wages and holiday pay - Third applicant ("K") sought arrears of wages - Respondent accepted some arrears of wages and holiday pay but disputed applicants' hourly rate - Respondent claimed unable to pay and sought order for payment by instalments - Authority found applicants' hourly rate determined by reference to applicants' employment agreement rather than documents used for immigration purposes - Found no evidence provided to support respondent's inability to pay - Respondent to pay P $5,505 arrears of wages and $1,200 arrears of holiday pay - Respondent to pay N $8,076 arrears of wages and $1,400 arrears of holiday pay - Respondent to pay K $5,504 arrears of wages - Interest payable"
Result Applications granted; Arrears of wages ($5,505.50)(first applicant); Arrears of wages ($8,076.25)(second applicant); Arrears of wages ($5,504.50)(third applicant); Arrears of holiday pay ($1,200)(first applicant); Arrears of holiday pay ($1,400)(second applicant); Interest (5%); No order for costs; Disbursements in favour of first and second applicants ($71.56)(filing fee); Disbursements in favour of third applicant ($71.56)(filing fee)
Main Category Arrears
Statutes ERA s131(1A)
Number of Pages 3
PDF File Link: 2012_NZERA_Auckland_146.pdf [pdf 11 KB]