| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 314 |
| Hearing date | 22-Sep-15, 05-Oct-15 (2 days) |
| Determination date | 08 October 2015 |
| Member | Eleanor Robinson |
| Representation | D Jacobson ; K Patterson |
| Location | Tauranga |
| Parties | Pretorius v Marra Construction (2004) Ltd |
| Summary | PRACTICE AND PROCEDURE – Determination of preliminary issue – Whether applicant’s arrears of wages claim time-barred – Quantity Surveyor |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Claims limited to six year period before filed with Authority. Applicant should have raised claim for salary increase when apparent that salary not being paid at agreed rate. Claim out of time. Bonus claim started from 2010, but even if started in 2010, still raised within time. Applicant not time barred from pursuing minimum wage claim where claim arose within 6 year period. Application partially granted. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(6);ERA s131(1);ERA s142;Limitation Act 2010;Minimum Wage Act 1983;Minimum Wage Act 1983 s11B(2) |
| Cases Cited | Haig v Edgewater Developers Ltd [2012] NZEmpC 189, [2012] ERNZ 543;Idea Services Ltd v Dickson [2009] ERNZ 372 (EmpC);Law v Board of Trustees of Woodford House [2014] NZEmpC 25 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_314.pdf [pdf 192 KB] |