| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 94 |
| Hearing date | 21-Jun-16 |
| Determination date | 21 June 2016 |
| Member | Peter van Keulen |
| Representation | K Singh (in person) ; J Taylor |
| Location | Christchurch |
| Parties | Singh v Tyres 2 Go Ltd & Anor |
| Other Parties | JT Automotive Ltd |
| Summary | PRACTICE AND PROCEDURE – Joinder of parties - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COUNTERCLAIM – BREACH OF CONTRACT – Respondent claimed applicant breached employment agreement |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant incorrectly stated name of respondent. Authority removed respondent as stated in statement of problem and joined first and second respondent.;ARREARS OF WAGES AND HOLIDAY PAY: Respondents failed to pay applicant holiday pay owing on termination of employment. Second respondent underpaid applicant. First respondent to pay applicant $2,226 arrears of holiday pay. Second respondent to pay applicant $271 arrears of wages and $1,627 arrears of holiday pay.;COUNTERCLAIM – BREACH OF CONTRACT: No evidence that applicant breached employment agreement or acted in breach of work visa. No breach of contract. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($271.46)(second respondent) ; Arrears of holiday pay ($2,226.06)(first respondent)($1,627.92)(second respondent) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s221;Holidays Act 2003 s8;Holidays Act 2003 s8(1);Holidays Act 2003 s8(2);Holidays Act 2003 s16(1);Holidays Act 2003 s22;Holidays Act 2003 s22(b)(ii);Holidays Act 2003 s23;Holidays Act 2003 s23(2);Holidays Act 2003 s24;Holidays Act 2003 s24(2)(b) |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_94.pdf [pdf 184 KB] |