| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 362/03 |
| Hearing date | 25 Nov 2003 |
| Determination date | 15 June 2004 |
| Member | J Scott |
| Representation | V Narayan (In person) ; B Singh |
| Location | Auckland |
| Parties | Narayan v Magic Auto Services Ltd |
| Summary | PRACTICE AND PROCEDURE - Recall of determination - Errors made in assessing evidence - Determination recalled - ARREARS OF WAGES - Oral employment agreement - Alleged non-payment of wages - Whether agreement to forfeit wages for inadequate notice - Notice given with particular date - Respondent interpreted notice to mean two weeks ran from date stated - Resignation notice to end on date given - Oral employment agreement contravened Employment Relations Act 2000 - Applicant forgot or ignored notice requirements - Deduction unlawful unless written consent of applicant - No written consent - Arrears due and owing - Applicant owed five days wages |
| Result | Application granted ; Arrears of wages ($520) |
| Cases Cited | Horowhenua County v Nash (No 2) [1968] NZLR 632;L W Petchell Ltd v Roberts unreported, Finnigan J, 26 September 1994, AEC 56A/94 |
| Number of Pages | 4 |
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