| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 159 |
| Hearing date | 27 Apr 2012 |
| Determination date | 11 May 2012 |
| Member | E Robinson |
| Representation | T Buchanan ; Bavarian Motors Ltd (in person) |
| Location | Auckland |
| Parties | Reznik v Bavarian Motors Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found applicant entitled to arrears of holiday pay but no arrears of wages – Respondent to pay applicant $1,292 arrears of holiday pay – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought payment of hire charge for use of respondent’s vehicles by applicant – Respondent sought to recover wages for three days applicant did not work during notice period – Found respondent not entitled to hire charge for use of respondent’s vehicles – Found respondent agreed to applicant concluding employment prior to end of notice period – No recovery of monies |
| Abstract | Applicant sought arrears of wages and holiday pay. Respondent accepted owed applicant arrears of holiday pay but claimed no arrears of wages. Respondent sought to recover hire charge for use of respondent’s vehicles by applicant. Respondent sought to recover wages for three days applicant did not work during notice period.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,292 arrears of holiday pay. No arrears of wages.;COUNTERCLAIM – RECOVERY OF MONIES: Respondent not entitled under employment agreement to hire charge for use of respondent’s vehicles by applicant. Respondent agreed to applicant concluding employment prior to end of notice period. Given assistance provided to applicant by respondent over long period, applicant breached good faith obligation owed to respondent and penalty would have been awarded if respondent had sought penalty. |
| Result | Application granted (Arrears of holiday pay); Arrears of holiday pay ($1,292); Applications dismissed (Arrears of wages)(Counterclaim)(Recovery of monies); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s4(1)(a) |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_159.pdf [pdf 124 KB] |