Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2013] NZERA Christchurch 191
Determination date 12 September 2013
Member H Doyle
Representation D Thompson (in person) ; A Shipley
Parties Thompson v Lichfield International ltd
Summary PRACTICE AND PROCEDURE - Application to reopen investigation - Applicant claimed previous Authority calculation and determination based on incorrect pay period - ARREARS OF WAGES AND HOLIDAY PAY: Applicant sought arrears of wages and arrears of holiday pay - Whether applicant paid for all days in notice period
Abstract AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Miscarriage of justice would occur if investigation not reopened. Application to reopen investigation granted.;ARREARS OF WAGES AND HOLIDAY PAY: More probable than not applicant not paid for one days work. Respondent to pay applicant $211 arrears of wages and $16 arrears of holiday pay. Interest payable. Other findings and orders made in previous determination remained.
Result Applications granted; Arrears of wages ($211.51); Arrears of holiday pay ($16.92); Interest (5%); No order for costs
Main Category Practice & Procedure
Statutes ERA Second Schedule cl4 - Judicature Act 1908 s87(3)
Cases Cited Heritage Expeditions Ltd v Fraser [2010] ERNZ 85;Thompson v Lichfield International Ltd [2013] NZERA Christchurch 159
Number of Pages 4
PDF File Link: 2013_NZERA_Christchurch_191.pdf [pdf 205 KB]