Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2017] NZERA Christchurch 168
Determination date 02 October 2017
Member D Appleton
Representation MN Allwardt (in person) ; V McMillan (in person)
Location Christchurch
Parties Allwardt v McMillan
Summary ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, KiwiSaver and holiday pay – Caf� Worker
Abstract AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to provide wage and time records. Authority accepted applicant’s records and where no records averaged applicant’s weekly wages. Respondent failed to pay minimum wage for all hours worked and made unauthorised KiwiSaver deductions. Respondent did not pay statutory holiday pay nor provide an alternative holiday. Respondent did not pay holiday pay. Respondent to pay applicant; $330 arrears of wages, $839 arrears of holiday pay and $93 arrears of KiwiSaver.
Result Applications granted ; Arrears of wages ($330.38) ; Arrears of holiday pay ($439.61) ; ;Arrears of KiwiSaver ($93.20) ; Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Arrears
Statutes ERA s132;Holidays Act 2003 s23;Holidays Act 2003 s50;Holidays Act 2003 s56
Number of Pages 5
PDF File Link: 2017_NZERA_Christchurch_168.pdf [pdf 19 KB]