| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 122 |
| Hearing date | 21-Apr-17 |
| Determination date | 21 April 2017 |
| Member | V Campbell |
| Representation | T Castle ; no appearance |
| Location | Tauranga |
| Parties | Riley v Mr Salad Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – No appearance for respondent – Office Executive/Assistant |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Respondent underpaid applicant. Respondent failed to pay applicant public holiday pay and alternative holiday pay. Respondent to pay applicant $12,600 arrears of wages and $760 arrears of holiday pay. Respondent to record applicant’s entitlement to 15 alternate holidays.;UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondent’s conduct towards her and by late payment and non-payment of wages. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Applications granted ; Arrears of wages ($12,600.72) ; Arrears of holiday pay ($760) ; Unjustified disadvantage ; Compensation for humiliation etc. ($5,000) ; Costs reserved. |
| Main Category | Arrears |
| Statutes | ERA s103A ; ERA s131 ; ERA s174E ; ERA Second Schedule cl12 ; Holidays Act 2003 s50 ; Holidays Act 2003 s56 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_122.pdf [pdf 41 KB] |