Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2018] NZERA Auckland 62
Hearing date 19-Feb-18
Determination date 26 February 2018
Member R Larmer
Representation M Singh ; P Kumar
Location Auckland
Parties Singh v Ben Singh Holdings Ltd t/a Fresh Vibe Caf�
Summary JURISDICTION – Whether Authority had jurisdiction to investigate the loan repayment claim – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay
Abstract AUTHORITY FOUND – JURISDICTION: The loan repayment issue is an issue between the applicant the respondent’s director separate to the employment relationship. The loan did not involve the named respondent. No jurisdiction. ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $5,170 as a shortfall in wages. Respondent to pay applicant $746 arrears of holiday pay. Respondent did not make unlawful deductions form applicant pay.
Result Application granted ; Arrears of wages ($5,170) ; Arrears of holiday pay ($746.28) ; Disbursements in favour of applicant ($71.56)
Main Category Arrears
Statutes ERA s130 ERA s132(2)
Number of Pages 11
PDF File Link: 2018_NZERA_Auckland_62.pdf [pdf 177 KB]