| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 108 |
| Hearing date | 2 Oct 2014 |
| Determination date | 28 October 2014 |
| Member | M Ryan |
| Representation | U Perumal (in person) ; K Zhang (in person) |
| Location | Wellington |
| Parties | Perumal v Zhang and Anor |
| Other Parties | Confidence Overseas Education Co t/a Kai Cafe |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Casual - Parties disputed agreed rate of pay - Applicant failed to attend rostered shifts - Respondent deducted wages owed due to applicant's absence - Unsigned employment agreement - Chef |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES: Applicant not entitled to deduct wages from applicant. No evidence of consent to deduction. Respondent could not rely on clause in unsigned employment agreement. No time and wage records. Likely lower start out rate agreed. Second respondent to pay applicant $228 arrears of wages. |
| Result | Application granted; Arrears of wages ($228); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s132;Wages Protection Act 1983;Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Wellington_108.pdf [pdf 1.1 MB] |