| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 346 |
| Hearing date | 05-Nov-15 |
| Determination date | 06 November 2015 |
| Member | Rachel Larmer |
| Representation | H Ali (in person) ; M Qureshi |
| Location | Auckland |
| Parties | Ali v Japan Auto Group Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – JURISDICTION – Whether Authority has jurisdiction to investigate broad claims of “worker exploitation” |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicant failed to present credible evidence as to arrears. No arrears of wages or holiday pay.;RAISING PERSONAL GRIEVANCE: Applicant failed to raise personal grievances within 90 days. In any case, applicant failed to commence personal grievance claims within 3 years of raising it.;JURISDICTION: Authority does not have inherent jurisdiction to investigate broad claims of “worker exploitation”. That role belongs to Labour Inspectorate, who declined to investigate applicant’s claims. No jurisdiction. |
| Result | Applications dismissed ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s114(1);ERA s 114(6);ERA s132(2) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_346.pdf [pdf 166 KB] |