| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 365 |
| Hearing date | 11 Oct 2012 |
| Determination date | 15 October 2012 |
| Member | R Larmer |
| Representation | A Perry (in person) ; No appearance |
| Location | Auckland |
| Parties | Perry v Brumby Investments Ltd t/a Insurance Solutions |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES - Applicant sought arrears of wages and holiday pay and recovery of travel expenses - Authority satisfied on balance of probabilities applicant entitled to arrears of wages, arrears of holiday pay and to be reimbursed for travel expenses - Respondent to pay applicant $6,381 arrears of wages and $902 arrears of holiday pay - Respondent to pay applicant $122 recovery of monies |
| Abstract | Applicant sought arrears of wages and holiday pay and recovery of travel expenses. Respondent did not give applicant written employment agreement (“EA”). Applicant claimed told by respondent director (“F”) that would receive EA. Applicant claimed told by F having financial difficulties but respondent would be able to repay arrears shortly. Applicant did not receive any payment from respondent. Applicant discovered F had been charged with fraud. Applicant resigned and requested arrears of wages and holiday and unpaid expenses. No appearance for respondent.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES: Although applicant did not provide EA, sufficient evidence applicant employed by respondent. Authority satisfied respondent received notice of investigation meeting. Authority satisfied on balance of probabilities applicant entitled to arrears of wages. Respondent to pay applicant $6,381 arrears of wages. Applicant entitled to be paid holiday pay as eight per cent of total gross earnings. Authority satisfied on balance of probabilities applicant entitled to arrears of holiday pay. Respondent to pay applicant $902 arrears of holiday pay. Parties agreed applicant would be reimbursed for travel costs incurred by applicant when meeting clients. Authority satisfied on balance of probabilities applicant entitled to be reimbursed for travel expenses. Respondent to pay applicant $122 recovery of monies. |
| Result | Applications granted ; Arrears of wages ($6,381.05) ; Arrears of holiday pay ($902.48) ; Recovery of monies ($122.45) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_365.pdf [pdf 98 KB] |