| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 73/07 |
| Hearing date | 19 Feb 2007 |
| Determination date | 14 March 2007 |
| Member | V Campbell |
| Representation | D Yates (in person) ; N Pratt |
| Location | Auckland |
| Parties | Yates v Owaikura Holdings Ltd t/a Pratts Plumbing Ltd |
| Summary | ARREARS OF WAGES - Alleged unlawful deductions - Respondent made deductions for personal purchases and missing tools from applicant's final pay - Claimed entitled to make deductions under employment agreement on termination - Applicant gave required notice - Some items purchased for personal use and lawfully deducted - Applicant denied losing tools - Authority satisfied apprentice applicant worked with lost tools - No reasonable basis for concluding applicant responsible for missing tools - Respondent had applicant's van commercially cleaned - No contractual right or agreement to make deductions for cleaning - Unlawful deductions - PENALTY - Applicant sought penalty for breach of employment agreement and Holidays Act 2003 - Not appropriate case to award penalty - Penalty declined - COSTS - Applicant represented himself - Entitled to filing fee |
| Result | Application granted ; Arrears of wages ($884.96) ; Application dismissed (Penalty) ; Disbursements ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | aa 73_07.pdf [pdf 23 KB] |