| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 345 |
| Determination date | 25 August 2014 |
| Member | R Arthur |
| Representation | R Williams (in person) ; K Mulholland |
| Parties | Williams v Intercivil Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - PRACTICE AND PROCEDURE - Applicant sought arrears of wages and holiday pay - Deduction from final pay - Whether applicant precluded from recovering deduction by parties' settlement agreement (SA") - Whether applicant paid advance on wages or whether money advanced to applicant part of agreed bonus" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY - PRACTICE AND PROCEDURE: Applicant gave written consent in employment agreement to deductions from final wages for money owed to respondent. Respondent failed to establish that money deducted was money owed to respondent and not entitled to make deduction from final wages. Reference to full and final settlement in SA could not be taken as allowing deduction that applicant did not know at time respondent would make. Respondent to pay applicant $2,000 arrears of wages and holiday pay. Interest payable. |
| Result | Application granted ; Arrears of wages and holiday pay ($2,000) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s149;ERA Second Schedule cl11;Judicature (Prescribed Rate of Interest) Order 2011 r4;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Cases Cited | Williams v Intercivil Ltd [2014] NZERA Auckland 58 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_345.pdf [pdf 153 KB] |