| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 46 |
| Hearing date | 27-Mar-17 |
| Determination date | 28 March 2017 |
| Member | P van Keulen |
| Representation | R Bade (in person) ; A Monahan, M Monahan |
| Location | Westport |
| Parties | Bade v Main Street Auto Ltd and Ors |
| Other Parties | Monahan, Monahan |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and KiwiSaver – JURISDICTION – Whether Authority had jurisdiction to award damages against second and third respondents – WOF Inspector |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant’s records accepted. First respondent to pay applicant $9,619 arrears of wages, $518 arrears of holiday pay and arrears of KiwiSaver, quantum to be determined.;JURISDICTION: No jurisdiction to apply amendments under Employment Relations Amendment Act 2016 retrospectively. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($9,619.80) ; Arrears of holiday pay ($518.21) ; Arrears of KiwiSaver (quantum to be determined); Application dismissed (jurisdiction) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | Employment Relations Amendment Act 2016 s19 ; ERA s132 ; ERA s142Y ; ERA Schedule 1AA Cl3(1) |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Christchurch_46.pdf [pdf 98 KB] |