| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 32 |
| Hearing date | 19 and 20 Sep 2016 (2 days) |
| Determination date | 03 February 2017 |
| Member | N Craig |
| Representation | Y Pillay (in person) ; J Valentine |
| Location | Auckland |
| Parties | Pillay v Caterers on the Run Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought recovery of cost of property left at respondent’s premises - COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for applicant’s breach of duty of fidelity - COUNTERCLAIM - RECOVERY OF MONIES – Respondent sought recovery of money stolen and cost of property taken by applicant - Cook |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND ARREARS OF HOLIDAY PAY: Applicant paid wages correctly. Applicant not owed notice pay as summarily dismissed. Applicant not paid for annual holiday not taken on termination of employment. Applicant not paid for sick leave taken. Respondent to pay applicant $7,717 arrears of holiday pay.RECOVERY OF MONIES: No jurisdiction to consider claim. No recovery of monies.COUNTERCLAIM – BREACH OF CONTRACT: Applicant diverted business opportunity that should have gone to respondent, in breach of duty of fidelity. Applicant to pay respondent $3,000 damages.COUNTERCLAIM - RECOVERY OF MONIES: No jurisdiction to consider claim. No recovery of monies. |
| Result | Application granted (counterclaim – breach of contract) ; Damages ($3,000) ; Application partially granted (arrears of wages and holiday pay) ; Arrears of holiday pay ($7,717.60) ; Applications dismissed (recovery of monies)(counterclaim – recovery of monies) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s161 ; ERA s161(1)(b) ; ERA s161(1)(r) ; ERA s174E ; Holidays Act s24 |
| Cases Cited | Hibernian Catholic Benefit Society v Hagai [2014] NZHC 24, (2012) 11 NZELR 534 ; JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618 ; Pain Management Systems (NZ) Ltd v McCallum (2002) 16 PRNZ 227 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_32.pdf [pdf 249 KB] |