| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 86 |
| Hearing date | 13 Jun 2012 |
| Determination date | 01 August 2012 |
| Member | M Ryan |
| Representation | R Meyer (in person) ; N Warner (in person) |
| Location | New Plymouth |
| Parties | Meyer v Warner & Anor |
| Other Parties | Meat Industry Training and Employment Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages and holiday pay – Authority found first respondent failed to provide evidence unable to pay applicant amounts outstanding – First respondent to pay applicant $12,579 arrears of wages including outstanding commission and $192 arrears of holiday pay |
| Abstract | Applicant sought arrears of wages, holiday pay and commission. First respondent (“W”) initially claimed not applicant’s employer and applicant employed by second respondent (“M”). W claimed only director of M and had been applicant’s manager. Applicant’s offer of employment and employment agreement stated applicant employed by W. W later accepted applicant’s employer and arrears of wages, holiday pay and commission owing but claimed did not have money to pay.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: W failed to provide evidence unable to pay applicant amounts outstanding. No evidence to support order that applicant should be paid in instalments. W to pay applicant $12,579 arrears of wages including outstanding commission and $192 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($12,579) ; Arrears of holiday pay ($192.30) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s131;ERA s131(1A);ERA s137(1)(b);ERA s141;ERA First Schedule |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Wellington_86.pdf [pdf 92 KB] |