| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 55 |
| Hearing date | 12 Feb 2013 |
| Determination date | 18 February 2013 |
| Member | A Fitzgibbon |
| Representation | J Ahuja (in person) ; D Smith |
| Location | Auckland |
| Parties | Ahuja v Eden Mozaik Ltd |
| Summary | JURISDICTION - Whether Authority had jurisdiction to hear and determine applicant's personal grievance - 90 day trial period - Whether applicant already employed by respondent - ARREARS OF WAGES - Applicant sought arrears of wages for notice period - Chef |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Valid trial period clause in employment agreement (EA"). Applicant not already employed by respondent. No jurisdiction.;ARREARS OF WAGES: Applicant entitled to seven days’ notice of termination under EA. Respondent failed to give applicant seven days’ notice of termination. Respondent to pay applicant $637 arrears of wages for notice period." |
| Result | Application dismissed (jurisdiction); Application granted (arrears of wages); Arrears of wages ($637); Costs to lie where they fall |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1)(b)(ii) - ERA s67A - ERA s67(3) |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_55.pdf [pdf 267 KB] |