| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 308 |
| Determination date | 12 September 2016 |
| Member | Andrew Dallas |
| Representation | D Spalter ; no appearance |
| Location | Auckland |
| Parties | Tucker v Baboom Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought recovery of work-related expenses – COSTS – Applicant sought contribution to costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: In absence of evidence to contrary, applicant’s evidence accepted as proved. Respondent to pay applicant $11,537 arrears of wages and $10,836 arrears of holiday pay.RECOVERY OF MONIES: Employment agreement stated applicant entitled to claim reasonable expenses incurred in course of employment. In absence of evidence to contrary, applicant’s evidence accepted as proved. Respondent to pay applicant $3,170 recovery of monies.COSTS: Respondent to pay applicant $3,500 contribution to costs. |
| Result | Applications granted ; Arrears of wages ($11,537.76) ; Arrears of holiday pay ($10,83.92) ; Recovery of monies ($3,170.91) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s131(1)(a) ; ERA s132(2) ; ERA s141 ; ERA s173 ; ERA s174D ; ERA Second Schedule cl12 |
| Cases Cited | ERA s131(1)(a) ; ERA s132(2) ; ERA s141 ; ERA s173 ; ERA s174D ; ERA Second Schedule cl12 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_308_amended.pdf [pdf 166 KB] |