| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 54 |
| Hearing date | 30-Mar-16 |
| Determination date | 18 May 2016 |
| Member | Michael Loftus |
| Representation | G Ogilvie ; V Kundu |
| Location | Wellington |
| Parties | Barr v Kundu and Hutt City Veterinary Care Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and KiwiSaver contributions. – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies to cover cost of training and business interruption – COSTS - Applicant sought contribution to costs - Vet |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant volunteer for first week at respondent’s clinic so not entitled to payment. Training agreement unsigned and not valid. Respondent unable to bill applicant for investigation into purported wrongdoing. Respondent unable to require applicant to do unpaid work during notice period. Respondent to pay applicant $8,896 arrears of wages, $1,085 arrears of holiday pay and $442 arrears of KiwiSaver contributions.;COUNTERCLAIM – RECOVERY OF MONIES: Evidence in support of counterclaim regarding applicant’s technical deficiencies totally implausible. Respondent unable to require applicant to repay training costs as would reduce applicant’s earnings below minimum wage. No evidence of genuine assessment of damages. No recovery of monies.;COSTS: Less than one day investigation meeting. Applicant sought uplift in notional daily tariff to reflect respondent’s conduct of proceedings. Appropriate to apply uplift in tariff. Respondent to pay applicant $3,500 contribution to costs. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($8,896.21) ; Arrears of holiday pay ($1,085.38) ; Arrears of KiwiSaver contributions ($442.12) ; Application dismissed (counterclaim – recovery of monies) ; Costs in favour of applicant ($3,500) |
| Main Category | Arrears |
| Statutes | Minimum Wage Act 1983;Wages Protection Act 1983 s5(1(a) |
| Cases Cited | Brook v Macown [2014] NZEmpC 79, [2014] ERNZ 639;G L Freeman Holdings Ltd v Livingston [2015] NZEmpC 120;Howe-Thornley v The Salad Bowl Ltd [2013] NZERA Christchurch 25;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);The Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_54.pdf [pdf 175 KB] |