Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2016] NZERA Wellington 14
Hearing date 28-Jan-16
Determination date 28 January 2016
Member Michele Ryan
Representation J Sebastian ; no appearance
Location Wellington
Parties Garcia v Frontline Security & Consulting Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Unlawful deductions – No appearance for respondent - Security guard
Abstract AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: In absence of respondent, applicant’s evidence accepted as proved. Respondent paid applicant wages but then reversed bank transfer. Respondent also failed to pay other wages when due. Respondent deducted money from applicant’s wages without written consent. Respondent to pay applicant $1,790 arrears of wages and $143 arrears of holiday pay. Interest payable.
Result Application granted ; Arrears of wages ($1,790) ; Arrears of holiday pay ($143.20) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee)($100)(service fees)
Main Category Arrears
Statutes ERA s130;ERA s132;ERA Second Schedule cl11;ERA Second Schedule cl12;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Holidays Act 2003 s23(2);Judicature Act 1908;Judicature (Prescribed Rate of Interest) Order 2011 cl4
Number of Pages 5
PDF File Link: 2016_NZERA_Wellington_14.pdf [pdf 258 KB]