| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 34 |
| Hearing date | 31-Jan-18 |
| Determination date | 31 January 2018 |
| Member | A Fitzgibbon |
| Representation | D Hughes (in person) ; no appearance |
| Location | Auckland |
| Parties | Hughes v Kiwi Ink Construction Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether applicant in employment relationship with respondent –ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: No employment agreement provided. Weekly payments were made into applicant’s personal bank account. Applicant repeatedly requested employment agreement and inquired as to why PAYE was not being deducted from his wages. Applicant worked solely for respondent for eight to nine hours per day and respondent supplied tools to perform work. Applicant employee. ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $756 arrears of wages and $722 arrears of holiday pay. Respondent to reimburse applicant $50 for petrol deduction not authorised by applicant. |
| Result | Application granted ; Arrears of wages ($756) ; Arrears of holiday pay ($722.52) ; Recovery of monies ($50) ; Disbursements in favour of applicant ($71. 56) |
| Main Category | Practice & Procedure |
| Statutes | ERA s6 ERA s6(2) ERA s174 Holidays Act 2003 |
| Number of Pages | 5 |
| PDF File Link: | 2018_NZERA_Auckland_34.pdf [pdf 95 KB] |