| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 433 |
| Determination date | 23 October 2014 |
| Member | E Robinson |
| Representation | Salem, Ocean Tasty Seafood Ltd |
| Parties | Mail v Sumthong and Ors |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether applicant paid less than minimum wage - Statutory leave entitlements |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES AND HOLIDAY PAY: Applicant paid less than minimum wage during period of employment. Applicant entitled to alternative holidays. Respondent to pay applicant $100 arrears of wages and $578 arrears of holiday pay. |
| Result | Application granted; Arrears of wages ($100.10); Arrears of holiday pay ($578.11); No order for costs |
| Main Category | Arrears |
| Statutes | Employment Relations Act 2000;Holidays Act 2003;Holidays Act 2003 s23(2);Holidays Act 2003 s50(1)(a);Holidays Act 2003 s56;Holidays Act 2003 s60;Minimum Wage Act 1983;Minimum Wage Act 1983 s11;Tax Administration Act 1994 s4A(2)(b);Wages Protection Act 1983;Wages Protection Act 1983 s7;Wages Protection Act 1983 s8;Wages Protection Act 1983 s9;Wages Protection Act 1983 s15 |
| Cases Cited | Mail v Sumthong and Ors [2014] NZERA Auckland 387 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_433.pdf [pdf 1.4 MB] |