| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 63 |
| Hearing date | 26-Apr-17 |
| Determination date | 28 April 2017 |
| Member | C Hickey |
| Representation | L Rowlands (in person), J Heinicke-Lindt (in person) ; no appearance |
| Location | Christchurch |
| Parties | Rowlands and Ors v EOS Services Ltd |
| Other Parties | Heinicke-Lindt, Carroll |
| Summary | ARREARS OF WAGES - Applicants sought arrears of wages - Second applicant sought arrears of KiwiSaver, commission and bonuses - RECOVERY OF MONIES - Second applicant sought recovery of unlawful deductions and recovery of balance owed on mobile phone - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Third applicant’s claim dismissed for lack of evidence. Respondent to pay first applicant $280 arrears of wages and to pay second applicant $5,440 arrears of wages, $107 arrears of KiwiSaver and $849 arrears of commission and bonuses.;RECOVERY OF MONIES: Respondent did not have consent to make deductions. Respondent to pay second applicant $44 recovery of monies for allowance withheld from final pay. Respondent to pay second applicant $709 recovery of monies for amount outstanding on mobile phone. Interest payable on all outstanding amounts. |
| Result | Applications granted (arrears of wages - first and second applicant)(recovery of monies) ; Arrears of wages ($280)(first applicant)($5,440)(second applicant) ; Arrears of KiwiSaver ($107.52) (second applicant) ; Arrears of commission and bonuses ($849.88)(second applicant) ; Recovery of monies ($44.25)(unlawful deductions) ($709.95)(mobile phone) ; Interest (5%) ; Application dismissed (arrears of wages - third applicant) ; Disbursements in favour of second applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12A ; Judicature Act 1908 s97(3) ; Wages Protection Act 1983 s4 ; Wages Protection Act 1983 s5 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Christchurch_63.pdf [pdf 220 KB] |