| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 327 |
| Hearing date | 13 and 14 June 2016 (2 days) |
| Determination date | 26 September 2016 |
| Member | N Craig |
| Representation | A Singh ; A Azeezullah |
| Location | Hamilton |
| Parties | Jaura v Tristar Food Mart Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deductions from wages – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies for insufficient notice, goods purchased, unpaid rent, damage to accommodation and loans - COUNTERCLAIM – BREACH OF CONTRACT – Respondent claimed applicant breached duty of confidentiality – Dairy supervisor |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: Respondent underpaid applicant. Respondent failed to pay applicant annual holiday pay, public holiday pay and alternative holiday pay. Respondent to pay applicant $11,305 arrears of wages and $4865 arrears of holiday pay.COUNTERCLAIM – RECOVERY OF MONIES: Applicant failed to give notice according to employment agreement and owed money for goods taken from shop. Respondent entitled to make deductions from wages. Insufficient evidence that applicant took three weeks’ sick leave so respondent unable to make deductions. Applicant accepted respondent owed $200 for rent. Matter of rent for accommodation, damage to accommodation and loan not directly and essentially concerned with employment agreement and no jurisdiction to consider claims. $1,348 recovery of monies.COUNTERCLAIM – BREACH OF CONTRACT: Information about respondent’s customers may be confidential. No evidence that applicant misused information. No breach of contract. |
| Result | Applications granted (arrears of wages)(counterclaim – recovery of monies) ; Arrears of wages ($11,305) ; Arrears of holiday pay ($4,865.60) ; Recovery of monies ($1,348.38) ; Application dismissed (breach of contract) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s4(1) ; ERA s4A(a) ; ERA s132(2)(b) ; ERA s135(5) ; ERA s160(3) ; ERA s161(1) ; ERA s174E |
| Cases Cited | JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618 ; Melgers v Gower [2014] NZERA Auckland 290 ; Morunga v Waterford Holdings Ltd [2014] NZERA Christchurch 128 |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Auckland_327.pdf [pdf 222 KB] |