| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 59 |
| Hearing date | 9 Jun 2015 |
| Determination date | 15 June 2015 |
| Member | M Ryan |
| Representation | J Sebastian ; (no appearance) |
| Location | Wellington |
| Parties | Iva and Anor v Mene T Consulting Agency Ltd |
| Other Parties | Teo |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought arrears of wages – Deductions from wages – COSTS – Applicants sought $600 contribution towards costs - No appearance for respondent |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: In absence of evidence from respondent, Authority accepted applicants’ claims regarding arrears as proved. Respondent not permitted to deduct wages for travel and allegedly lost tools. Applicants did not give written consent to deductions for personal loans. Respondent made unlawful deductions from applicants’ wages. Respondent to pay first applicant $6,044 arrears of wages and holiday pay, and second applicant $3,491.39 arrears of wages and holiday pay.COSTS: Less than one day investigation meeting. Applicant’s request for costs and costs incurred reasonable. Respondent to pay applicant $600 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($6,044.59)(first applicant)($3,491.39) (second applicant) ; Costs in favour of applicants ($600) ; Disbursements in favour of applicant ($171.56)(filing fee)(general disbursements) |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s132;ERA Second Schedule cl12;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act 1983 s5(1) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_59.pdf [pdf 251 KB] |