| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 410 |
| Hearing date | 13-Dec-16 |
| Determination date | 15 December 2016 |
| Member | R Arthur |
| Representation | C Sandford ; T Le Cren |
| Location | Auckland |
| Parties | Westerhof v Customised Deliveries (2013) Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Deductions from wages – RAISING PERSONAL GRIEVANCE – Leave sought to raise grievance out of time – COSTS – Applicant sought contribution to costs – Delivery driver |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES: Applicant did not have written employment agreement. No contractual or statutory provision under which respondent could withhold wages for failure to give notice. Respondent to pay applicant $2,130 arrears of wages. Interest payable.RAISING PERSONAL GRIEVANCE: Applicant did not have written employment agreement setting out statutory dispute resolution process. Lack of explanation of rights occasioned delay in raising grievance. No evidence that respondent prejudiced by late raising of grievance. Just to grant leave. Leave to raise grievance out of time granted.COSTS: Less than 2 hour investigation meeting. Appropriate to slightly increase notional daily tariff to reflect respondent’s failure to provide written witness statements. $1,200 contribution to costs appropriate. |
| Result | Applications granted ; Arrears of wages ($2,130) ; Interest (5%) ; Costs in favour of applicant ($1,200) |
| Main Category | Arrears |
| Statutes | ERA s63A ; ERA s64 ; ERA s64(6) ; ERA s65(2)(a)(vi) ; ERA s114(4) ; ERA s114(5) ; ERA s115(c) ; ERA s174B ; ERA s174E ; Wages Protection Act 1983 s4 ; Wages Protection Act 1983 s5(1) ; Wages Protection Act 1983 s6(2) ; Judicature (Prescribed Rate of Interest) Order 2011 cl4 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 ; Fagotti v Acme Ltd [2015] NZEmpC 135, (2015) NZELR 1 ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) ; Walden v Barrance [1996] 2 ERNZ 598 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_410.pdf [pdf 268 KB] |