| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 44 |
| Hearing date | 11 Feb 2015 |
| Determination date | 11 February 2015 |
| Member | R Arthur |
| Representation | Z W Fang (in person) ; no appearance |
| Parties | Fang v International Auckland Group Pty Ltd and Anor |
| Other Parties | Auckland Harbour Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - No appearance for respondents |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: No record of public holidays worked by applicant. No arrears of wages. Applicant entitled to holiday pay claimed. First respondent to pay applicant $5,991 arrears of holiday pay. Interest payable.;RAISING PERSONAL GRIEVANCE: Grievance not raised within 90 days. Exceptional circumstances may have been present given no written employment agreement provided to applicant but no application for leave to raise grievance out of time. |
| Result | Application granted (arrears of holiday pay) ; Arrears of holiday pay ($5,991.04) ; Interest (5%) ; Applications dismissed (arrears of wages)(raising personal grievance) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA;ERA s114;ERA s115(c);ERA s141;ERA Second Schedule cl11;ERA Second Schedule cl12;Judicature (Prescribed Rate of Interest) Order 2011 r4 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_44.pdf [pdf 165 KB] |