| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 130 |
| Hearing date | 19-Oct-16 |
| Determination date | 19 October 2016 |
| Member | M Loftus |
| Representation | JA Burney ; no appearance |
| Location | Masterton |
| Parties | Kane & Ors v Eketahuna Inn Family Restaurant Ltd & Anor |
| Other Parties | 13 others ; Aldworth |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicants sought recovery of reimbursing allowances – COSTS – Applicants sought contribution to costs - No appearance for respondents |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES AND HOLIDAY PAY: Applicants’ evidence accepted in absence of evidence to contrary. First respondent to pay first applicant $2,516 arrears of wages, second applicant $1,750 arrears of wages, third applicant $2,494 arrears of wages, fourth applicant $2,499 arrears of wages, fifth applicant $5,896 arrears of wages, sixth applicant $3,525 arrears of wages, seventh applicant $2,813 arrears of wages, eighth applicant $967 arrears of wages , ninth applicant $2,177 arrears of wages, tenth applicant $785 arrears of wages, eleventh applicant $340 arrears of wages and twelfth applicant $892 arrears of wages. Interest payable.RECOVERY OF MONIES: Applicants’ evidence accepted in absence of evidence to contrary. First respondent to pay first applicant $570 recovery of monies, fifth applicant $265 recovery of monies and sixth applicant $142 recovery of monies. Interest payable.COSTS: Two hour investigation meeting. Appropriate to uplift notional daily tariff to reflect extra costs incurred by respondent’s lack of cooperation. First respondent to pay applicant $3,180 contribution to costs. |
| Result | Applications granted ; Arrears of wages ($2,516)(first applicant)($1,750.54)(second applicant)($2,494.75)(third applicant)($2,499)(fourth applicant)($5,896.25)(fifth applicant)($3,525.71)(sixth applicant)($2,813.50)(seventh applicant)($967.50)(eight applicant)($2,177.50)(ninth applicant)($785)(tenth applicant)($340)(eleventh applicant)($892)(twelfth applicant) ; Recovery of monies ($570)(first applicant)($265.18)(fifth applicant)($265.18)(sixth applicant) ; Interest (5%) ; Costs in favour of applicants ($3,180) |
| Main Category | Arrears |
| Statutes | ERA s142W ; ERA s142Y ; EAR R16(3)(iii) ; EAR R21(2) ; Companies Act 1993 s192(1) ; Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Wellington_130.pdf [pdf 105 KB] |