| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 306 |
| Hearing date | 19-Jul-16 |
| Determination date | 09 September 2016 |
| Member | Vicki Campbell |
| Representation | A Singh ; W Harris |
| Location | Auckland |
| Parties | Kaur v Direct Auto Importers (NZ) Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - UNJUSTIFIED DISADVANTAGE - Discrimination - Applicant claimed unjustifiably disadvantaged by respondent’s actions |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES AND HOLIDAY PAY: Time record book was accurate and relied on in absence of wages and time records from respondent. More reliable to calculate nett amounts payable and respondent must account to Inland Revenue Department for PAYE on wages. Applicant not paid any holiday pay. Commission payments outstanding. Respondent to pay applicant $14,449 arrears of wages and $3,547 arrears of holiday pay.UNJUSTIFIED DISADVANTAGE: Applicant did not establish actions taken against her on the basis of gender. Applicant not subject to discrimination or harassment. Applicant’s title changed but duties remained the same. No demotion. No evidence that applicant blamed for others’ mistakes. Respondent did not refuse to support visa application rather applicant looked for other opportunities. No unjustified disadvantage. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($14,449.42) ; Arrears of holiday pay ($3,547.17) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s103A - ERA s103A(3) - ERA s103A(5) - ERA s131 - ERA s160 - ERA s174E - Holidays Act 2003 s44 - Holidays Act 2003 s45 -Wages Protection Act 1983 s12A |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;McAlister v Air New Zealand Ltd [2009] NZSC 78, [2010] 1 NZLR 153 |
| Number of Pages | 22 |
| PDF File Link: | 2016_NZERA_Auckland_306.pdf [pdf 254 KB] |