| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 29 |
| Hearing date | 10-Dec-15 |
| Determination date | 22 January 2016 |
| Member | Andrew Dallas |
| Representation | W Lints (in person) ; J Still |
| Location | Auckland |
| Parties | Lints v DIY Imports Ltd formerly t/a Ezy Bathrooms |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages and holiday pay - RECOVERY OF MONIES - Applicant sought recovery of KiwiSaver deductions not remitted to Inland Revenue Department - PENALTY - Applicant sought penalty for respondent’s breach of employment agreement (“EA”) - COUNTERCLAIM - Respondent claimed damages for applicant’s negligence - General Manager |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Respondent failed to pay applicant eight weeks’ notice as required by employment agreement. Respondent failed to pay applicant for nine days worked. Respondent failed to pay annual leave. Respondent to pay applicant $18,561 arrears of wages and $8,258 arrears of holiday pay.;RECOVERY OF MONIES: Respondent deducted KiwiSaver amounts from applicants pay but did not remit this to IRD. Respondent to pay applicant $1,311 recovery of monies.;PENALTY: Breach of EA was deliberate and had serious economic and emotional impact on applicant. Respondent showed no remorse. $6,000 penalty appropriate.;COUNTERCLAIM - Negligence is a tort not within Authority’s jurisdiction. Respondent failed to specify specific breach of contract. Counterclaim dismissed. |
| Result | Applications granted (arrears of wages)(recovery of monies)(penalty) ; Arrears of wages ($18,561.12) ; Arrears of holiday pay ($8,258.04) ; Recovery of monies ($1,311.39) ; Penalty ($6,000)(payable to applicant) ; Application dismissed (counterclaim) ; No order for costs |
| Main Category | Arrears |
| Statutes | Companies Act 1993 s241(2)(a) - Companies Act 1993 s248(1)(c) - ERA s135(2)(b) - ERA s136(2) - ERA s174B - ERA s174E - Holidays Act 2003 |
| Cases Cited | Credit Consultants Debt Services NZ Ltd v Wilson [2007] ERNZ 252 (EmpC);George v Auckland Council [2013] NZEmpC 179, [2013] ERNZ 675;Lagrosa v Maxwell Partnership [2014] NZERA Christchurch 161;Su v iGolf Ltd [2015] NZEmpC 66;Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_29.pdf [pdf 274 KB] |