| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 555 |
| Hearing date | 15 Nov 2013 |
| Determination date | 04 December 2013 |
| Member | J Crichton |
| Representation | O Kafka (in person) ; No appearance |
| Location | Auckland |
| Parties | Kafka v Gower |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES – Applicant sought arrears of wages and holiday pay, and recovery of loan made to respondent and petrol costs – No employment agreement – Whether parties agreed on hourly rate – Respondent claimed to have reduced applicant’s hourly rate - Whether hourly rate gross of tax – Applicant provided breakdown of monies owing – Respondent signed document agreeing to pay outstanding monies – Whether respondent forced to sign document – Applicant not tradesman painter – Complaints about job applicant in charge of led to cancellation of contract – Applicant accepted partly to blame – Whether applicant loaned respondent money – Parties agreed applicant’s vehicle could be used by respondent provided fuel costs covered – No appearance for respondent – House painter |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY - RECOVERY OF MONIES: Parties did not reduce applicant’s hourly rate. Unlikely respondent forced to sign agreement. Respondent should not have left applicant in sole charge of job. Respondent required to reimburse applicant for fuel. Parties in agreement on sums owing. Respondent required to account to Inland Revenue Department for tax on sums paid to applicant. Respondent to pay applicant $3,700 arrears of wages and recovery of monies. Respondent to pay applicant $378 arrears of holiday pay. |
| Result | Applications granted ; Arrears of wages and recovery of monies ($3,700) ; Arrears of holiday pay ($378.80) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s132 |
| Cases Cited | B D M Grange Ltd v Parker [2005] ERNZ 343 ; [2006] 1 NZLR 353 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_555.pdf [pdf 109 KB] |