| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 205/03 |
| Hearing date | 16 Jun 2003 |
| Determination date | 03 July 2003 |
| Member | J Wilson |
| Representation | J Wilson |
| Location | Auckland |
| Parties | Painuly v Indian Palace Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Allegations concerning money lent to respondent and of money owing for car sold to applicant not able to be determined by Authority - Respondent failed to comply with s130 Employment Relations Act 2000 - Applicant not entitled to payment for hours worked in excess of 40 hours per week - Holiday pay due and owing - No authorisation for deductions from wages as payment for motor vehicle brought by applicant - Withheld portion of wages due and owing - Applicant paid two weeks wages in lieu of notice when dismissed - Two weeks notice reasonable - No authority to withhold final weeks pay or part of notice - Applicant entitled to receive further weeks wages - Chef |
| Result | Application granted in part ; Arrears of wages ($1,718.76) ; Arrears of holiday pay ($1,267) ; No order for costs |
| Statutes | ERA s130;Wages Protection Act 1983 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |