| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 316 |
| Hearing date | 8 Jul 2014 |
| Determination date | 18 July 2014 |
| Member | J Crichton |
| Representation | N Santesso ; P Malik |
| Location | Auckland |
| Parties | Agustin and Anor v Auckland Harbour Oaks Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay - Whether part of applicants' wages deducted as deposit - Whether first applicant not paid at higher rate after new employment agreement entered into - Whether applicants required to work on public holidays without penal payments or alternative holidays - Whether second applicant effectively paid almost nothing for six months |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: No original wage and time records provided by respondent. Respondent failed to pay applicants correctly during totality of employment. Respondent to pay first applicant $38,832 arrears of wages and holiday pay. Respondent to pay second applicant $39,970 arrears of wages and holiday pay. Leave reserved for applicants to return to Authority to have penalties set if respondent failed to comply with Authority determination. |
| Result | Applications granted ; Arrears of wages and holiday pay ($38,832.46)(first applicant)($39,970.60)(second applicant) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA;ERA s130;ERA s131;ERA s132;Holidays Act 2003;Holidays Act 2003 s81;Minimum Wage Act 1983;Wages Protection Act 1983;Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_316.pdf [pdf 151 KB] |