| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 150 |
| Determination date | 26 May 2015 |
| Member | R Larmer |
| Parties | Prins v Davis and Ors |
| Other Parties | Viall, J A E Sales Ltd |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondents - First and second respondents directors of third respondent - Whether Authority had jurisdiction to investigate claims of failure to provide written employment agreement, to keep accurate holiday and leave records and to provide access to holiday and leave records as requested - Whether Authority had jurisdiction to investigate claims of failure to attend Authority investigation meeting or present evidence as requested, and claims of arrears of wages and holiday pay and unauthorised deductions from wages – Butcher |
| Abstract | AUTHORITY FOUND-JURISDICTION: Applicant not in employment relationship with first and second respondents. Applicant employed by third respondent. Authority had jurisdiction to investigate claims of failure to provide written employment agreement, to keep accurate holiday and leave records and to provide access to holiday and leave records as requested. Claims of failure to attend Authority hearing or present evidence as requested or claims of arrears of wages and holiday pay and unauthorised deductions from wages determined by Authority already and subject of Employment Court hearing. No jurisdiction to hear such claims. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s4(2);ERA s5;ERA s134(2);ERA s161 |
| Cases Cited | Prins v Davis [2013] NZERA Auckland 489 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_150.pdf [pdf 146 KB] |