| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 104/07 |
| Hearing date | 13 Mar 2007 |
| Determination date | 05 April 2007 |
| Member | R Arthur |
| Representation | D Whitehead (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Bettridge v Whitehead t/a Kauri Coast Honey and Ors |
| Other Parties | Whitehead Trust |
| Summary | ARREARS OF WAGES - Applicant sought compensation for lost earnings due to work related accident - Respondents filed statement of reply but effectively refused to participate or respond to resolve problem - No appearance by respondent - Authority satisfied had jurisdiction to consider claim as wage recovery action - No written employment agreement meant employer difficult to identify - Identity of employer - Statement of problem identified trust as employer - Authority joined (W") as respondent - Employer properly notified of investigation and given adequate opportunity to prepare, or advise of any impediment to attend - Respondents suggested applicant not incapacitated by injury, however, no evidence to contest ACC findings - Under IPRC ("Injury Prevention, Rehabilitation and Compensation Act 2001") lost earnings aggregate of all earnings seven days immediately before commencement of incapacity, whether or not payable by employer where injury occurred - Applicant entitled to compensation for earnings lost in first week of incapacity and included earnings from second job - Respondents jointly and severally liable for amounts owed to applicant" |
| Result | Application granted ; Arrears of wages ($602.80) ; Interest (9.91%) ; Disbursements ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s65;ERA s131;ERA s159;ERA s221;ERA Second Schedule cl11;Injury Prevention Rehabilitation and Compensation Act 2001 s97;Injury Prevention Rehabilitation and Compensation Act 2001 s97(3);Injury Prevention Rehabilitation and Compensation Act 2001 s99 |
| Number of Pages | 4 |
| PDF File Link: | aa 104_07.pdf [pdf 28 KB] |