| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 439 |
| Determination date | 25 September 2013 |
| Member | T G Tetitaha |
| Representation | S Scott ; R Drake |
| Location | Hamilton |
| Parties | Hepi v Traffic Management NZ Ltd |
| Summary | RECOVERY OF MONIES - PENALTY - Applicant sought recovery of monies deducted from final pay - Applicant sought penalty for applicant's breach of Wages Protection Act 1983 - Applicant resigned following accident where applicant fell asleep at wheel causing damage to work vehicle - Applicant later tested positive for cannabis use - Whether applicant gave written consent to deduction - Whether proven liquidated debt owed by applicant exists and whether debt should offset remedies |
| Abstract | AUTHORITY FOUND -;RECOVERY OF MONIES: No evidence of written consent. Acknowledgement of debt insufficient to constitute written consent. Employment agreement not signed by applicant. Respondent to pay applicant $3915 recovery of monies. Interest payable. $1,000 penalty appropriate. No insurance claim for accident. Respondent prevented from bringing counterclaim until insurance claim made as per respondents motor vehicle policy. |
| Result | Applications granted; Recovery of monies ($3915.55); Penalty ($1,000)(payable to applicant); No order for costs |
| Main Category | Recovery of Monies |
| Statutes | Wage Protection Act 1983 - Wage Protection Act 1983 s11 |
| Cases Cited | Amatal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692;Rahts v Criterion Papers NZ Ltd unreported, J Scott, 9 December 1992, AT227A/92 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_439.pdf [pdf 26 KB] |