| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 77 |
| Hearing date | 1 May 2013 |
| Determination date | 02 May 2013 |
| Member | C Hickey |
| Representation | C McCormick (in person) ; J McMillan |
| Location | Christchurch |
| Parties | McCormick v McMillan Drilling Ltd t/a McMillan Drilling Services |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deductions from wages – Applicant rented room from respondent – Whether respondent entitled to make made applicant pay for work boots and room cleaning – No appearance for respondent |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicant did not pay rent owed to respondent fully. No written consent by applicant to deduct any amount for room cleaning or for cost of boots. Respondent made over-deduction for money loaned to applicant. Applicant not paid full holiday pay entitlement. Respondent to pay applicant $273 arrears of wages and $770 arrears of holiday pay. Interest payable. |
| Result | Application granted ; Arrears of wages ($273.39) ; Arrears of holiday pay ($770.76) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s173(2);ERA Second Schedule cl11;ERA Second Schedule cl12;Judicature Act 1908;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s6 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_77.pdf [pdf 207 KB] |