| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 272 |
| Hearing date | 24 Jul 2012 |
| Determination date | 10 August 2012 |
| Member | J Crichton |
| Representation | H Dell (in person) ; no appearance |
| Location | Auckland |
| Parties | Dell v Primary Heart Care Ltd |
| Summary | ARREARS OF WAGES – Applicant sought 28 months' arrears of wages – Authority found applicant entitled to benefit of parties’ EA - Authority satisfied applicant entitled to $186,666 arrears of wages - Respondent to pay applicant $186,666 arrears of wages |
| Abstract | Applicant sought 28 months’ arrears of wages. No appearance for respondent. Applicant claimed never paid by respondent during employment. Applicant claimed only received $6,000 from respondent as reimbursement for equipment applicant purchased with own money. Parties’ employment agreement (“EA”) stated applicant to be paid $80,000 salary annually. Applicant received two documents from respondent. Respondent sent applicant documents for applicant to sign and one stated applicant would waive entitlement to salary in exchange for $15,000 ‘separation payment’. Applicant did not sign either document and no payment received from respondent.;AUTHORITY FOUND –;ARREARS OF WAGES: Respondent given every opportunity to respond to applicant’s statement of problem therefore appropriate to proceed with investigation meeting. Applicant entitled to benefit of parties’ EA. Authority satisfied applicant entitled to $186,666 arrears of wages for applicant’s 28 months of unpaid service. Respondent to pay applicant $186,666 arrears of wages. |
| Result | Application granted ; Arrears of wages ($186,666.66) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | ERA s131 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_272.pdf [pdf 96 KB] |