| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 17 |
| Hearing date | 11-Oct-16 |
| Determination date | 23 January 2017 |
| Member | E Robinson |
| Representation | S Tee ; G Bennett |
| Location | Hamilton |
| Parties | Online Contractors Ltd v Wetere |
| Summary | RECOVERY OF MONIES – Applicant sought to recover overpaid wages and loan monies – COUNTERCLAIM – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Machine operator |
| Abstract | AUTHORITY FOUND –RECOVERY OF MONIES: Applicant gave respondent loan. Loan should be repaid. Applicant overpaid respondent’s wages. No statutory basis for overpayment of wages to be recovered by arrangement for respondent to forgo holiday entitlements. Respondent to pay applicant $48,485 recovery of monies. Interest payable. Applicant ordered to credit respondent’s outstanding holiday pay entitlement.COUNTERCLAIM – ARREARS OF HOLIDAY PAY: Applicant deducted monies for loan from holiday pay owed to respondent but did not consult with respondent prior to making decision. Applicant to pay respondent $11,854 arrears of holiday pay. Interest payable. |
| Result | Applications granted ; Recovery of monies ($48,485.55) ; Arrears of holiday pay ($11,854.04) ; Interest (5%) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA Second Schedule cl11(1) ; Judicature Act 1908 s87(3) ; Wages Protection Act 1983 s4 ; Wages Protection Act 1983 s5 ; Wages Protection Act 1983 s6 |
| Cases Cited | Foai v Air New Zealand Ltd [2012] NZEmpC 57, [2012] ERNZ 229 ; New Zealand Fire Service Commission v Warner [2010] NZEmpC 90, [2010] ERNZ 290 |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Auckland_17.pdf [pdf 332 KB] |