| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 232 |
| Hearing date | 28 May 2014 |
| Determination date | 16 June 2014 |
| Member | J Crichton |
| Representation | C Gold (in person) ; V Sharma |
| Location | Auckland |
| Parties | Gold v Modern Electrical Solutions Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether respondent entitled to deduct money from holiday pay owed to applicant representing product purchased from respondent by applicant, recovery of costs to repair vehicle damaged when in applicant's charge and cost of putting right applicant's allegedly faulty workmanship - Applicant on-call - Whether applicant entitled to payment of overtime for periods worked in excess of 40 hours per week - Electrician |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: No basis on which deductions from applicant's holiday pay could be made. Applicant entitled to some payment for hours required to be available for work even where not actually working on tools. In absence of wage and time records applicant entitled to be paid overtime as claimed. Respondent to have 14 days to provide information disturbing Authority's provisional conclusion. Applicant entitled to two weeks' notice of termination of employment. Respondent to pay applicant $3,000 arrears of wages and $11,040 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($3,000) ; Arrears of holiday pay ($11,040) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s132 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_232.pdf [pdf 147 KB] |