| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 126 |
| Hearing date | 10 Sept & 19 Nov 2015 (2 days) |
| Determination date | 22 December 2015 |
| Member | Michele Ryan |
| Representation | A Sharma (in person) ; J Ghandi, Y Singh |
| Location | Napier |
| Parties | Sharma v Patel and Anor |
| Other Parties | Mohnakshi Enterprises Ltd t/a Trinity Crescent Four Square |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Shop manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant’s evidence more reliable regarding hours worked. Respondent required applicant to work longer hours to reimburse costs of PAYE and required applicant to pay premium for employment. Respondent to pay applicant $17,851 arrears of wages and $7156 arrears of holiday pay. Interest payable. |
| Result | Application granted ; Arrears of wages ($17,851.65) ; Arrears of holiday pay ($7,156.72) ; Interest (5%) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s132;ERA s132(2);ERA Second Schedule cl11;Holidays Act 2003 s50(1)(a);Holidays Act 2003 s60(1)(b);Crimes Act 1961 s216B(2);Judicature Act 1908 s87(3) |
| Cases Cited | Talbot v Air New Zealand Ltd [1996] 1 NZLR 414 (CA) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Wellington_126.pdf [pdf 269 KB] |