| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 10 |
| Hearing date | 15 Jan 2013 |
| Determination date | 16 January 2013 |
| Member | M B Loftus |
| Representation | A Taylor ; No appearance |
| Location | Christchurch |
| Parties | Mahony v Industry Trade & Training Options Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - RECOVERY OF MONIES – Applicant sought recovery of outstanding amount from expense claim - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay money owed to applicant - PENALTY – Applicant sought penalty for respondent’s breach of employment agreement and failure to provide wage and time records – COSTS – Applicant sought contribution towards costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant employed by respondent;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to arrears of wages and holiday pay. Respondent to pay applicant $1,250 arrears of wages and $980 arrears of holiday pay. Interest payable;RECOVERY OF MONIES: Applicant entitled to recovery of expenses. Respondent to pay applicant $62 recovery of monies. Interest payable;UNJUSTIFIED DISADVANTAGE: No unjustified disadvantage;PENALTY: Respondent in breach of employment agreement and deliberately failed to provide wage and time records. $1,500 penalty appropriate;COSTS: Less than one day investigation meeting. Respondent to pay applicant $1750 contribution towards costs |
| Result | Applications granted (practice and procedure)(arrears of wages and holiday pay)(recovery of monies)(penalty); Arrears of wages ($1,250); Arrears of holiday pay ($980); Recovery of monies ($62.50); Interest (5%); Penalty ($1,500)(payable to applicant); Applications dismissed (unjustified disadvantage); Costs in favour of applicant ($1750); Disbursements in favour of applicant ($71.56)(filing fee) ($220)(travel costs) |
| Main Category | Arrears |
| Statutes | ERA s103(3) – ERA s130(3) - ERA s132 – ERA s136(2) – Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_10.pdf [pdf 155 KB] |