| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 58 |
| Hearing date | 5 Jun 2015 |
| Determination date | 15 June 2015 |
| Member | M Ryan |
| Representation | A Asfaw ; (no appearance) |
| Location | Wellington |
| Parties | Asfaw v Ethiopia Restaurant and Bar Ltd t/a The Meeting Tree Ethiopian Restaurant and Takeaway |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Whether applicant volunteer due to mother’s shareholding in respondent - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent - Waitress |
| Abstract | AUTHORITY FOUND –JURISDICTION: Applicant not volunteer solely because mother had shareholding in respondent. Applicant offered wages in exchange for work. Applicant did not replace mother as happened with children of other shareholders. Respondent’s director conceded in written statement applicant regarded as employee. Applicant employed by respondent.ARREARS OF WAGES: In absence of evidence from respondent, Authority accepted applicant’s claims as proved. Respondent to pay applicant $2,404 arrears of wages and $230 arrears of holiday pay. |
| Result | Applications granted ; Arrears of wages ($2,404.05) ; Arrears of holiday pay ($230.95) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s132;ERA Second Schedule cl12;Holidays Act 2003 s23(2);Minimum Wage Order (No 2) 2013 cl3;Minimum Wage Order 2014 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_58.pdf [pdf 142 KB] |