| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 323 |
| Hearing date | 15-Oct-15 |
| Determination date | 16 October 2015 |
| Member | T G Tetitaha |
| Representation | B Nand (in person) ; D Datt |
| Location | Auckland |
| Parties | Nand v South Seas Distributors (NZ) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – ARREARS OF WAGES AND HOLIDAY PAY– Applicant sought arrears of wages – Sales and Marketing Representative |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Grievance raised nearly a year after incident occurred. Grievance not raised within 90 day. No consent from respondent to raise late grievance. Even if leave sought to raise grievance out of time, no exceptional circumstances apparent.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant failed to prove extra hours worked. Respondent accepted some holiday pay not paid. Respondent to pay applicant arrears of holiday pay, quantum to be determined. |
| Result | Application partially granted (arrears of wages and holiday pay) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (raising personal grievance) ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s131;Minimum Wage Act 1983;Minimum Wage Act 1983 s6;Minimum Wage Order 2014 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_323.pdf [pdf 151 KB] |