| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 171 |
| Determination date | 05 April 2014 |
| Member | E Robinson |
| Representation | P Blair ; G Burnett |
| Parties | Geenty v GR & TL Burnett Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether unpaid wages and holiday pay owed to applicant able to be set off against amount awarded to respondent by way of reparation after applicant convicted of theft as servant - Whether Wages Protection Act 1983 should be read subject to provisions of Set-Off Act 1735 |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Mutual agreed debts in existence between parties. Section 15 Wages Protection Act 1983 provided Act to be read subject to provisions of other Acts. Unjust to allow applicant's claim without bringing respondent's claim to account. Amount owed to applicant to be set off against reparation owed to respondent. No arrears of wages and holiday pay. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | Government Superannuation Fund Act 1956;Government Superannuation Fund Act 1956 s61B(1);Set-Off Act 1729;Set-Off Act 1729 s13;Set-Off Act 1735;Set-Off Act 1735 s4;Set-Off Act 1735 s5;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s15 |
| Cases Cited | Attorney-General v Sears [1995] 1 ERNZ 627;Grant v NZMC Ltd [1989] 1 NZLR 8;Gyles v Holmes Consulting Group unreported, N Crutchley, 23 October 1992, WT77/92;Inspector of Awards and Agreements v Perry [1982] ACJ 51 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_171.pdf [pdf 162 KB] |