| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 157 |
| Hearing date | 7 Oct 2014 |
| Determination date | 07 October 2014 |
| Member | M B Loftus |
| Representation | D Smith ; B Leslie |
| Location | Christchurch |
| Parties | Smith v Sonter Seafoods Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Refusal to pay final week of applicant's wages until applicant repaid alleged loan - Whether money given to applicant as reimbursement for money stolen from applicant while at work - Whether applicant agreed to waive requirement to be paid outstanding holiday pay in return for giving insufficient notice of resignation |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: No evidence applicant made request not to be paid. No written consent to deductions by applicant. No forfeiture clause able to be used in event of inadequate notice or abandonment of employment. Authority unable to investigate whether money loaned to applicant in absence of counterclaim by respondent. Respondent to pay applicant $689 arrears of wages and $573 arrears of holiday pay. Respondent to pay applicant arrears of KiwiSaver contribution, quantum to be determined. |
| Result | Application granted ; Arrears of wages ($689.75) ; Arrears of holiday pay ($573.50) ; Arrears of KiwiSaver contribution (quantum to be determined) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s5 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Christchurch_157.pdf [pdf 160 KB] |