| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 105 |
| Hearing date | 22/08/2016 |
| Determination date | 23 August 2016 |
| Member | Trish MacKinnon |
| Representation | T Mackiewicz; No appearance |
| Location | Masterton |
| Parties | Crabtree v Surf N' Turf Caf� and Takeaways Ltd |
| Summary | JURISDICTION – Whether applicant employee or volunteer – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent |
| Abstract | AUTHORITY FOUND –JURISDICTION: Applicant agreed to work for respondent on understanding of payment for services. Applicant employed by respondent.ARREARS OF WAGES AND HOLIDAY PAY: In absence of evidence to contrary, applicant’s evidence accepted. Respondent largely failed to pay applicant during employment. Respondent to pay applicant $4,082 arrears of wages and $333.94 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($4,082.25) ; Arrears of holiday pay ($333.94) ; Disbursements in favour of applicant ($71.56) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s131 ; ERA s132(2)(b) ; ERA Second Schedule cl12 ; Holidays Act 2003 s23 |
| Number of Pages | 4 |
| PDF File Link: | 2016_NZERA_Wellington_105.pdf [pdf 149 KB] |