| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 25 |
| Hearing date | 21 Jan 2014 |
| Determination date | 23 January 2014 |
| Member | T G Tetitaha |
| Representation | E M Reid, C T Patterson ; G Bennett |
| Location | Auckland |
| Parties | Cardwell v Rob Gold Builders Ltd t/a Gold Construction |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Alternatively applicant claimed respondent consented to raising grievance outside 90 days by engaging in mediation and ongoing discussion - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant only noticed discrepancies after resigning employment - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondents non-payment of wages - Labourer and qualified builder |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: 90 days ran from when applicant aware of shortfall in wages. Parties discussed shortfall in wages during telephone conversations. Grievance raised within 90 days.;ARREARS OF WAGES AND HOLIDAY PAY - Respondent's time and wage records did not meet statutory requirements. Respondent to pay applicant $4,436 arrears of wages and holiday pay.;UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondents non-payment of wages. REMEDIES: No contributory conduct. $1,000 compensation appropriate. |
| Result | Applications granted; Compensation for humiliation etc ($1,000); Arrears of wages and holiday pay ($4,436.88); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s114 - ERA s130(1)(a) - ERA s130(1)(h) - ERA s131 - ERA s135(5) - ERA Second Schedule cl11 |
| Cases Cited | Cardwell v Rob Gold Builders Ltd t/a Gold Construction [2014] NZERA Auckland 21;Cardwell v Rob Gold Builders Ltd t/a Gold Construction [2014] NZERA Auckland 22;Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_25.pdf [pdf 240 KB] |