| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 369 |
| Determination date | 04 September 2014 |
| Member | T G Tetitaha |
| Representation | P Noyes (in person) |
| Parties | Noyes v TWCE (2014) Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Respondent paid applicant annual leave instead of sick pay as no medical certificate provided - Applicant sick on Friday and Monday and thought did not need medical certificate as only off work for two days - Medical certificate subsequently produced but respondent argued too vague to be valid - No employment agreement - Plumber |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES - Delay in obtaining medical certificate caused by misunderstanding about requirement to produce certificate. Respondent required to notify applicant certificate required as early as possible. Delay not fatal to application. Medical practitioners met requirements to issue medical certificates. Certificate unfortunately vague but medical notes showed sufficient symptoms disclosed by applicant to justify medical certificate. Applicant entitled to be paid sick leave. Respondent to pay applicant $831 arrears of wages. |
| Result | Application granted; Arrears of wages ($831.94); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Arrears |
| Statutes | ERA s131;Holidays Act 2003 s68;Holidays Act 2003 s68(1A);Holidays Act 2003 s68(5) |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_369.pdf [pdf 231 KB] |