| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 113 |
| Hearing date | 4 Jul 2017 - 5 Jul 2017 (2 days) |
| Determination date | 17 November 2017 |
| Member | T MacKinnon |
| Representation | C English ; P McBride, F Lear |
| Location | Wellington |
| Parties | Labour Inspector v Gstech Ltd and Anor |
| Other Parties | Sharma |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for respondent's breach of the Wages Protection Act 1983 (“WPA”) – Information Technology Technician |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: No breach of minimum wage requirements in relation to cleaning work performed by applicant whilst employed by first respondent. First respondent sufficiently maintained wage, time and holiday records. No evidence to suggest applicant not paid for public holidays. Applicant not paid in full for work arranged by first respondent with another company. First respondent to pay applicant $855 wage arrears and $68 holiday pay. PENALTY: No breach of s12A of WPA established. No penalty. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($855) ; Arrears of holiday pay ($68.40) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s174;ERA s174C(3);ERA s174C(4);ERA s174E;ERA s223(1);Holidays Act 2003 s23;Holidays Act 2003 s46;Holidays Act 2003 s49;Holidays Act 2003 s50;Holidays Act 2003 s55;Holidays Act 2003 s56;Holidays Act 2003 s60;Holidays Act 2003 s81;Minimum Wage Act 1983 s6;Wages Protection Act 1983 s12A |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Wellington_113.pdf [pdf 141 KB] |