| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 137 |
| Hearing date | 14-16 June 2016 |
| Determination date | 23 August 2016 |
| Member | Helen Doyle |
| Representation | M Shahadat; N Rama |
| Location | Christchurch |
| Parties | Patel v Curry Pot on Lincoln Ltd |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of monies paid as unlawful premium – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Assistant manager |
| Abstract | AUTHORITY FOUND –RECOVERY OF MONIES: More likely that not that applicant and respondent’s director had an agreement to make payments for job offer and assistance with visas. Respondent had knowledge of agreement for payments. Payments constituted premium. Respondent to pay applicant $11,400 recovery of monies.ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to pay some wages and holiday pay owing to applicant. Respondent to pay applicant $31, 413 arrears of wages and holiday pay. |
| Result | Applications granted ; Recovery of monies ($11,400) ; Arrears of wages and holiday pay ($31.413.19) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | Holidays Act 2003 s60(2) ; Wages Protection Act 1983 s12A ; Wages Protection Act 1983 s12A(1) ; Wages Protection Act 1983 s12A(2) ; Companies Act 1993 s182 |
| Cases Cited | Attorney-General v Sears [1995] 1 ERNZ 627 (CA) ; Clark v Libra Developments Ltd [2007] NZSC 16, [2007] 2 NZLR 709 ; Sears v Attorney-General [1994] 2 ERNZ 39 (EmpC) |
| Number of Pages | 29 |
| PDF File Link: | 2016_NZERA_Christchurch_137.pdf [pdf 304 KB] |