| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 289 |
| Hearing date | 21-Sep-15 |
| Determination date | 22 September 2015 |
| Member | Rachel Larmer |
| Representation | S Beacham ; S Gounder (in person) |
| Location | Auckland |
| Parties | Kutty v Old Fashioned Smallgoods (NZ) Ltd and Anor |
| Other Parties | Gounder |
| Summary | ARREARS OF WAGES, HOLIDAY PAY AND KIWISAVER – Applicant sought arrears of wages, holiday pay and KiwiSaver – Deductions from wages – PENALTY – GOOD FAITH - Applicant sought penalty against first respondent for failure to pay agreed salary, failure to pay statutory entitlements, unlawful suspension and breach of good faith – Applicant sought penalty against second respondent for inciting, aiding and abetting breaches of employment agreement (“EA”) – Migrant worker - Operations manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES, HOLIDAY PAY AND KIWISAVER: First respondent deducted day’s pay and 12 days annual holiday from applicant and second respondent unable to explain why. First respondent deducted pay from applicant after applicant wrongly allowed customers to purchase on credit and when applicant attended required course. No provision in EA to allow first respondent to make such deductions. First respondent unlawfully deducted pay. First respondent to pay applicant arrears of wages, quantum to be determined, $3,200 arrears of holiday pay and arrears of KiwiSaver, quantum to be determined. Interest payable on arrears of holiday pay.;PENALTY – GOOD FAITH: Penalty claims against respondents made out of time. No penalty. |
| Result | Application granted (arrears of wages, holiday pay and KiwiSaver) ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay ($3,200) ; Interest (7.5%) ; Arrears of KiwiSaver (quantum to be determined) ; Application dismissed (penalty-good faith) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s4(1A);ERA s4A;ERA s132(2);ERA s134(2);ERA s135(5);Wages Protection Act 1983;Judicature Act 1908 |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Auckland_289.pdf [pdf 240 KB] |