| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 505 |
| Hearing date | 5 Nov 2014 |
| Determination date | 08 December 2014 |
| Member | R Arthur |
| Representation | S S Begum (in person) ; S Ali |
| Location | Auckland |
| Parties | Begum v Saiyad Enterprise Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether applicant entitled to payment for overtime worked - Whether applicant given cash payments instead of some annual leave entitlement - Deductions from wages - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of cost of training course |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Conflicting evidence on whether respondent agreed to applicant working extra hours on paid basis. Applicant's account of hours worked not more likely than not to be true. Applicant not entitled to additional payment for overtime hours. Cash payment of applicant's annual leave entitlement made solely at applicant's request and without any pressure from respondent. Substantial merits of case did not require finding that payments were incorrect. Applicant's employment agreement did not comply with minimum sick leave entitlements under Holidays Act 2003. Applicant entitled to be paid for two sick days for which applicant not paid. No written agreement for deduction from applicant's wages for car towing fee. Applicant would not have been parking car but for respondent requiring applicant to drive to location. Respondent not entitled to recover car towing fee. Applicant entitled to be paid for public holidays that would otherwise be working days. Respondent to pay applicant arrears of wages, quantum to be determined, and arrears of holiday pay, quantum to be determined.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant attended course at respondent's behest and no agreement about loan for that purpose. No recovery of monies. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (counterclaim - recovery of monies) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s4;ERA s4(1A);ERA s174;Holidays Act 2003;Holidays Act 2003 s28A;Holidays Act 2003 s28B(2);Holidays Act 2003 s63;Holidays Act 2003 s63(3);Holidays Act 2003 s65(2);Holidays Act 2003 s66;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_505.pdf [pdf 177 KB] |