| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 116/04 |
| Hearing date | 1 Apr 2004 |
| Determination date | 08 April 2004 |
| Member | M Urlich |
| Representation | K Seaman (In person) ; No appearance |
| Location | Auckland |
| Parties | Seaman (Labour Inspector) v Ariyazand |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Claim brought by Labour Inspector - No appearance for respondent - No written employment agreement - Respondent alleged unnecessary as only employed for one day - Employee agreed to two days work trial unpaid - Respondent sought to allege further days worked also part of unpaid trial - No agreement to further unpaid days - Monies due and owing - Interest 7 percent - PENALTY - Failure to meet legal obligations by failure to provide written employment agreement and failure to pay remuneration - Failure to pay wages deliberate and unjustified - Appropriate to award penalty of $500 |
| Result | Application granted ; Arrears of wages and holiday pay ($149.86) ; Interest (7 percent) ; Penalty ($500)(Payable to Applicant) ; No order for costs |
| Statutes | ERA s65;ERA s135(2)(a);ERA Second Schedule cl11(1);Holidays Act s21;Minimum Wage Act 1983 s6;Minimum Wage Act 1983 s10 |
| Number of Pages | 3 |
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