| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 59 |
| Hearing date | 27 Sep 2012 |
| Determination date | 19 February 2013 |
| Member | J Crichton |
| Representation | S Dench ; R Hargreaves |
| Location | Auckland |
| Parties | Roots v Point of Pay Pty Ltd and Anor |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Australian employer – Whether applicant agreed to reduce salary by half in exchange for shareholding in New Zealand company – Whether respondent agreed to top-up applicant’s salary to remove any shortfall in amount received by applicant from New Zealand company – Whether agreement predated written employment agreement – Agreement not written in single document – Legal proceedings in Australia – RECOVERY OF MONIES – Applicant sought recovery of home office expenses – Employment agreement provided respondent to reimburse applicant for use of applicant’s private facilities if need arose – Head of business development and international markets |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Parties reached agreement prior to employment relationship commencing that applicant would reduce salary by half in exchange for shareholding in New Zealand company. No agreement respondent would top-up applicant’s salary to remove any shortfall in amount received by applicant from New Zealand company. No arrears of wages.;RECOVERY OF MONIES: Respondent concluded applicant needed to use home office. Respondent to pay applicant $1,861 recovery of monies. |
| Result | Application granted (recovery of monies) ; Recovery of monies ($1,861.08) ; Application dismissed (arrears of wages and holiday pay) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Companies Act 1993 |
| Cases Cited | Re Point of Pay Ltd [2012] VSC 380 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Auckland_59.pdf [pdf 208 KB] |