| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 144 |
| Hearing date | 20-Jan-17 |
| Determination date | 30 August 2017 |
| Member | D Appleton |
| Representation | M Shahadat ; D Beck |
| Location | Christchurch |
| Parties | Kumar v Punjabi Dhaba Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Chef |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent owed applicant wages over a period of 120 weeks and two days. Ten week deduction made to accommodate applicant’s trip to India upon expiration of his visa and a further eleven week deduction made as applicant could not have legally worked over that time without a visa. Respondent owed applicant wages over 99 weeks. Applicant overpaid following the acquisition of visa and was not owed wage arrears over that period. Money loaned from respondent to applicant could not be differentiated from advances of salary as records of accounts were patchy and personal loans were comingled with advances of salary. Discharges signed by applicant to dispense his right to receive holiday pay not valid as applicant had limited English and did not understand what he signed. Respondent to pay applicant $10,465 arrears of wages and $5,046 arrears of holiday pay. |
| Result | Applications granted ; Arrears of wages ($10,465.93) ; Arrears of holiday pay ($5,046.16) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s131;ERA s132;ERA s142;Holidays Act s50;Holidays Act s56;Holidays Act s86;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Christchurch_144.pdf [pdf 441 KB] |