| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 205 |
| Hearing date | 15 Jun 2012 |
| Determination date | 15 June 2012 |
| Member | R A Monaghan |
| Representation | C Rian (in person) ; No appearance |
| Parties | Rian v Martin Personnel Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Authority found applicant entitled to bonus payment – Found respondent’s deduction from bonus payment unlawful under Wages Protection Act 1983 – Respondent to pay applicant $2,500 arrears of wages – Recruitment consultant |
| Abstract | Applicant employed by respondent as recruitment consultant. Applicant sought arrears of wages. Applicant claimed entitled to bonus payment under agreement with respondent regarding specific placement. Respondent claimed applicant not entitled to bonus payment and discounted fee charged to client by applicant not authorised by respondent. Respondent made deduction from bonus payment to cover failure of one of applicant’s placements.;AUTHORITY FOUND –;ARREARS OF WAGES: Applicant entitled to bonus payment. Discounted fee charged to client by applicant authorised by respondent. Deduction unlawful under Wages Protection Act 1983. Respondent to pay applicant $2,500 arrears of wages. |
| Result | Application granted; Arrears of wages ($2,500); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12;Wages Protection Act 1983 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_205.pdf [pdf 94 KB] |