| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 15/01 |
| Determination date | 12 March 2001 |
| Member | D King |
| Representation | Sinclair in person ; Palmer in person |
| Location | Auckland |
| Parties | Sinclair v Savannah Success Trading Trust t/a Emile Palmer School of Swimming |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Arrears claim made out - Counterclaim - Alleged overpayments - Whether deductions authorised in writing - No signed employment contract - Error not made recklessly or carelessly - Counterclaim for overpayments made out - Equity and fairness dictated not entitled to full recovery |
| Result | Application granted ; Arrears of wages and holiday pay ($613.77) ; Interest ($14.10)(8 percent) ; Counterclaim successful ; Overpayment owing ($779.29) ; Applicant to pay balance ($100) ; Costs to lie where they fall |
| Statutes | Contractual Mistakes Act 1977 s6;ERA s161(1)(r);Judicature Act 1908 s94(A);Judicature Act 1908 s94(B);Wages Protection Act 1983 |
| Cases Cited | Kelly v Solari (1941) 9 M&W 54;Thomas v Houston Corbett [1969] NZLR 151 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |