| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 167 |
| Hearing date | 7 Aug 2012 |
| Determination date | 13 August 2012 |
| Member | M B Loftus |
| Representation | V Gillan ; No appearance |
| Location | Dunedin |
| Parties | Casey v Anne Paringatai t/a Physio Plus |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Respondent to pay applicant $2,305 arrears of wages, $320 arrears of KiwiSaver contribution and $640 arrears of holiday pay – COMPLIANCE ORDER – Applicant sought compliance with parties’ agreement respondent to pay applicant one week’s wages in lieu of notice – Authority found parties’ agreement did not involve mediator and not entered into under provisions of Employment Relations Act 2000 – Found no jurisdiction – Application dismissed |
| Abstract | Applicant sought arrears of wages and holiday pay. Applicant sought compliance with parties’ agreement respondent to pay applicant one week’s wages in lieu of notice. Applicant resigned and parties subsequently entered agreement applicant to be paid one weeks’ wages in lieu of notice. Applicant claimed not paid wages fully and sought arrears of KiwiSaver contribution. Applicant claimed not paid for public holidays. Respondent claimed entitled to withhold wages under employment agreement as applicant owed respondent for services provided to applicant.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent unable to support claim entitled to withhold wages. Respondent to pay applicant $2,305 arrears of wages, $320 arrears of KiwiSaver contribution and $640 arrears of holiday pay.;COMPLIANCE ORDER: Parties’ agreement did not involve mediator and not entered into under provisions of Employment Relations Act 2000. No jurisdiction. Application dismissed. |
| Result | Application granted (arrears of wages and holiday pay); Arrears of wages ($2,305.76); Arrears of KiwiSaver contribution ($320.31); Arrears of holiday pay ($640); Application dismissed (compliance order); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Arrears |
| Statutes | ERA s149 |
| Cases Cited | Wade v Hume Pack-N-Cool Ltd (2012) 9 NZELR 492 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Christchurch_167.pdf [pdf 100 KB] |