Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2014] NZERA Auckland 377
Hearing date 14 Jul 2014;3 Sep 2014
Determination date 10 September 2014
Member R A Monaghan
Representation M Gunson ; M J-P Huang
Parties Gunson v Gastronomic Ventures Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Some hours worked paid 'under the table' - Inconsistencies with parties' records -
Abstract AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Respondent's evidence preferred as records made contemporaneously. Applicant paid for hours worked. No arrears of wages. Holiday pay paid on declared payments but not 'under the table' payments. Respondent to pay applicant $1,023 arrears of holiday pay. Interest payable.
Result Applications partially granted; Arrears of holiday pay ($1,023.18); Interest (5%); Costs reserved
Main Category Arrears
Statutes ERA s65;ERA s130;ERA s130(1);ERA s130(2);ERA s130(4);ERA s132(2);ERA Second Schedule cl11;Judicature (Prescribed Rate of Interest) Order 2011 cl4;Minimum Wage Act 1983
Number of Pages 6
PDF File Link: 2014_NZERA_Auckland_377.pdf [pdf 226 KB]