| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 20 |
| Determination date | 19 January 2018 |
| Member | J Trotman |
| Representation | S Kalera (in person) ; G O'Sullivan |
| Location | Auckland |
| Parties | Kalera v Simply Security Ltd |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of deductions from wages – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for breaches of Employment Agreement (“EA”) |
| Abstract | AUTHORITY FOUND – RECOVERY OF MONIES: Deductions made by respondent from applicant’s wages were unlawful and breached s4 of the Wages Protection Act. Respondent did not consult applicant over amounts to be deducted and applicant did not consent to deductions. Respondent to pay $1,773 recovery of monies. COUNTERCLAIM – BREACH OF CONTRACT: Fair and reasonable employer could have reached the view that applicant was at fault for the accidents that occurred. Respondent could not provide evidence to satisfy that it had incurred costs in relation to the car accident. No breach of EA. No damages. |
| Result | Application granted (recovery of monies) ; Recovery of monies ($1,773.67) ; No order for costs ; Disbursements in favor of applicant ($71.56)(filing fee) ; Applications dismissed (Breach of contract) |
| Main Category | Recovery of Monies |
| Statutes | ERA s174E Wages Protection Act 1983 s4 Wages Protection Act 1983 s5 Wages Protection Act 1983 s5(2) Wages Protection Act 1983 s5A |
| Cases Cited | Jonas v Menefy Trucking Ltd [2013] NZEmpC 200 |
| Number of Pages | 9 |
| PDF File Link: | 2018_NZERA_Auckland_20.pdf [pdf 232 KB] |