| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 360 |
| Determination date | 12 October 2012 |
| Member | K J Anderson |
| Representation | D Raj ; K Dutt |
| Location | Auckland |
| Parties | Raj v Queen Street Medical Centre Ltd |
| Summary | ARREARS OF WAGES - ARREARS OF HOLIDAY PAY – RECOVERY OF MONIES: Applicant sought arrears of wages and holiday pay - Respondent denied any monies outstanding, claimed parties had resolved matter and applicant overpaid wage and holiday pay entitlements – Authority found no arrears of wages or holiday pay – Found applicant overpaid wages and holiday pay entitlements but insufficient evidence applicant received overpayment of wages – Applicant to pay respondent $2,128 recovery of monies |
| Abstract | Applicant sought $31,181 arrears of wages and $960 arrears of holiday pay. Respondent denied any monies outstanding, claimed parties had resolved matter and applicant overpaid wage and holiday pay entitlements. Department of Labour mediator advised matter had been settled by parties. Parties reached verbal agreement but applicant refused to sign record of settlement. Applicant claimed parties agreed applicant’s hourly wage would be increased and applicant would work fulltime after employment commenced. Respondent counterclaimed for recovery of monies as claimed applicant had been overpaid wages during employment. Respondent claimed did not realise applicant already being paid at higher hourly rate and instructed respondent manager to recalculate applicant’s wages resulting in overpayment of wages.;AUTHORITY FOUND –;ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – RECOVERY OF MONIES: Evidence did not support applicant’s claim as respondent’s records showed applicant had incorrect employment start date and applicant had been paid in accordance with hourly wage increase. Applicant overpaid wage entitlements during employment. No arrears of wages. Respondent’s records showed applicant overpaid holiday pay. No arrears of holiday pay. Applicant to pay respondent $2,128 recovery of monies as reimbursement of overpaid holiday pay. Not sufficient evidence that overpayment of wages received by applicant. Authority declined to make order applicant repay respondent alleged overpayment of wages. |
| Result | Application granted (counterclaim)(recovery of monies - holiday pay) ; Recovery of monies ($2,128.86) ; Applications dismissed (arrears of wages, arrears of holiday pay and recovery of monies - wages) ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_360.pdf [pdf 103 KB] |