| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 226 |
| Hearing date | 4-Jul-16 |
| Determination date | 04 July 2016 |
| Member | Eleanor Robinson |
| Representation | W Chakonda (in person) ; S Kumar |
| Location | Auckland |
| Parties | Chakonda v S & G Plus Auto Electrical Ltd |
| Summary | JURISDICTION – Whether applicant employee or volunteer – ARREARS OF WAGES – Applicant sought arrears of wages from respondent – Electrician |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Respondent offered employment and applicant accepted. Applicant performed legitimate work which benefitted respondent’s enterprise. Reasonable for applicant to expect remuneration. Applicant not subject to valid trial period because not in writing. Applicant employee.;ARREARS OF WAGES: No wage and time records produced. Respondent to pay applicant $3,640 arrears of wages. Interest payable. |
| Result | Applications granted ; Arrears of wages ($3,640) ; Interest (5%) ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s67A;ERA s67A(2);ERA s67B;ERA Second Schedule cl11;Judicature (Prescribed Rate of Interest) Order 2011;Judicature Amendment Act 1908;Minimum Wage Act 1983;Wages Protection Act 1983 s4 |
| Cases Cited | Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_226.pdf [pdf 160 KB] |