| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 120 |
| Determination date | 05 August 2014 |
| Member | C Hickey |
| Representation | J Duff (Labour Inspector, in person) ; No appearance |
| Parties | Harada and Anor v Caon and Ors |
| Other Parties | Duff (Labour Inspector) ; Ting, Ting's Enterprises Ltd t/a The Tin Goose Cafe |
| Summary | PRACTICE AND PROCEDURE - Second applicant objected to second respondent's improvement notice requiring second applicant to pay arrears of holiday pay to first applicant - Whether first applicant overpaid by second applicant - No appearance for first respondent or second applicant - Manager |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Second applicant did not pay entire amount of wages due to first applicant without deduction. No written consent to deduction. Second applicant breached Wages Protection Act 1983. Authority unable to consider second applicant's claim that first applicant overpaid previously in considering objection to improvement notice. Objection to improvement notice dismissed. |
| Result | Application dismissed ; Disbursements in favour of second respondent ($71.56)(filing fee) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s223E;ERA s233;Wages Protection Act 1983;Wages Protection Act 1983 s4 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Christchurch_120.pdf [pdf 217 KB] |