| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 22 |
| Hearing date | 22-Jan-18 |
| Determination date | 22 January 2018 |
| Member | V Campbell |
| Representation | K Duffy ; no appearance |
| Location | Auckland |
| Parties | Permark Industries Ltd v Te Kawa |
| Summary | RECOVERY OF MONIES – Applicant sought reimbursement of salary advance – PENALTY – Applicant sought penalty for applicants breach of employment agreement and good faith – COSTS – Respondent sought contribution towards costs |
| Abstract | AUTHORITY FOUND – RECOVERY OF MONIES: Respondent to pay applicant $1,650 reimbursement of a salary advance. Respondent to pay applicant $766 overpayment of wages. PENALTY: All communications seeking payment of salary advance and overpayments occurred after employment relationship ended. Statutory duty only applies to existing employment relationship. No penalty. COSTS: Investigation meeting less than half day. Respondent to pay applicant $2,500 contribution towards costs. |
| Result | Applications granted (Recovery of Monies) ; Recovery of monies ($2,416) ; Application dismissed (Penalty) ; Costs in favour of applicant ($2,500) |
| Main Category | Recovery of Monies |
| Statutes | ERA s174E Employment Relations Regulations 2000 r 8(3) Judicature Act 1908 s87(3) Judicature Act 1908 Second Schedule cl11 Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Booth v Big Kahuna Holdings Ltd [2015] NZEmpC 4 PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) Stevens v Hapag-Llyod (NZ) Ltd [2015] NZEmpC 28 |
| Number of Pages | 8 |
| PDF File Link: | 2018_NZERA_Auckland_22.pdf [pdf 176 KB] |