Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2016] NZERA Auckland 265
Determination date 04 August 2016
Member Nicola Craig
Representation R Watson (In person); D Smith
Parties Watson v Poolcare Ltd
Summary ARREARS OF WAGES – Applicant sought arrears of wages – Unlawful deductions – Pool care technician
Abstract AUTHORITY FOUND –;ARREARS OF WAGES: Under terms of employment agreement, respondent entitled to deduct GST exclusive costs of course from applicant’s wages. Respondent not entitled to deduct GST costs or wages for time applicant spent on course. Insufficient evidence that applicant took old pool cover without permission. Respondent not entitled to deduct cost of pool cover. Respondent entitled to deduct cost of overalls as state of overalls on return not explained by fair wear and tear. Respondent to pay applicant $590 arrears of wages.
Result Application granted ; Arrears of wages ($590) ; Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Arrears
Statutes Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1);Wages Protection Amendment Act 2016
Number of Pages 7
PDF File Link: 2016_NZERA_Auckland_265.pdf [pdf 106 KB]