| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 39 |
| Hearing date | 17-Feb-17 |
| Determination date | 17 February 2017 |
| Member | V Campbell |
| Representation | S Laurent ; no appearance |
| Location | Auckland |
| Parties | Singh v Corporate Energy Ltd (in Liquidation) |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by failure to pay applicant for all hours worked and respondent intimidating him into working unlawfully – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - No appearance for respondent |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE: Respondent well aware of applicant’s immigration status and knew that applicant needed variation to work visa. Fair and reasonable employer could have paid applicant in accordance with employment agreement. Conduct of respondent’s director in intimidating applicant into continuing to work illegally contemptible. Applicant unjustifiably disadvantaged. REMEDIES: No contributory conduct. $7,000 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: Respondent did not paid applicant according to employment agreement. Respondent to pay applicant $35,251 arrears of wages and holiday pay. |
| Result | Applications granted ; Compensation for humiliation etc ($7,000) ; Arrears of wages and holiday pay ($35,251.20) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s131 ; ERA s174E |
| Cases Cited | Khurana v Singh [2016] NZEmpC 156 ; Singh v Corporate Energy Ltd [2015] NZERA Auckland 152 ; Singh v Corporate Energy Ltd [2016] NZERA Auckland 38 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_39.pdf [pdf 181 KB] |