Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 330/04
Hearing date 31 Aug 2004
Determination date 04 October 2004
Member V Campbell
Representation B Guest ; GJ Mathias
Location Auckland
Parties Kenworthy v Lulich Brothers Partnership and the Estate of Nicholas Lulich
Summary ARREARS OF WAGES - Alleged oral agreement to pay applicant same rate as another employee - Other parties to agreement now deceased - Documentary evidence and evidence from farm accountant showed applicant accepted wages without complaint - On balance of probabilities applicant acquiesced and consented to pay rate - Applicant entitled to reimbursement for difference between actual payment and amount owed as calculated by reference to minimum wage - Arrears of wages and holiday pay due and owing - Farm hand
Result Application granted in part ; Arrears of wages ($4,628) ; Arrears of holiday pay ($277.68) ; Costs reserved
Statutes Minimum Wage Act 1983
Number of Pages 5
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