| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 3 |
| Hearing date | 14 Nov 2013;5 Dec 2013 |
| Determination date | 10 January 2014 |
| Member | P R Stapp |
| Representation | G Ogilvie ; A Singh (in person) |
| Parties | Kaur v Singh t/a Curry Planet Restaurant |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant worked for at least 55 hours per week over seven days – Failure to produce wage, time and holiday records – Open work visa and student visa – RECOVERY OF MONIES – Applicant sought recovery of money paid to respondent – COSTS – Applicant sought contribution towards costs – Assistant restaurant manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: No evidence respondent’s diary stolen by applicant. Insufficient evidence hours worked less than claimed by applicant or to support respondent’s claim applicant only worked 30 hours per week. More likely than not wages paid only by cheque and not in cash. Employment agreement permitted applicant to work more than 30 hours per week and hours not changed by agreement during applicant’s employment. Applicant worked 55 hours per week. Applicant not paid for eleven weeks. No reconciliation of applicant’s holiday pay entitlement at end of applicant’s employment. Applicant more likely to be correct about leave taken. Applicant entitled to twelve days in lieu of working on public holidays. Respondent to pay applicant $25,707 arrears of wages and $4,736 arrears of holiday pay.;RECOVERY OF MONIES: No proof withdrawals made by applicant for purpose of payment to respondent. Not established that applicant required to pay premium for employment. No recovery of monies.;COSTS: One day investigation meeting. Inexcusable delays caused by respondent not producing copies of wage record before investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $3,500 contribution towards costs. Leave reserved for applicant to seek variation order. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($25,707.50) ; Arrears of holiday pay ($4,736.90) ; Application dismissed (recovery of monies ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA;ERA s132;ERA Second Schedule cl15;Holidays Act 2003 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Wellington_3.pdf [pdf 191 KB] |