| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 271/07 |
| Hearing date | 10 Aug 2007 |
| Determination date | 03 September 2007 |
| Member | M Urlich |
| Representation | K Pellow-Jarman (in person) ; P Adlam |
| Location | Auckland |
| Parties | Pellow-Jarman v CMI Fastners Ltd |
| Summary | PRACTICE AND PROCEDURE - Supplementary determination - Quantum of remedies - Whether applicant overpaid during employment - Authority previously upheld applicant’s claim for bonus to be included in calculation of holiday pay - Labour Inspectorate calculated amount owing - Respondent claimed not obliged to pay outstanding amount because applicant overpaid when received earning related compensation for non-work injury during employment - Respondent paid applicant full wages from time of accident until return to work - Claimed under employment agreement not required to pay applicant for time off work due to non-work injury and sought return of full amount - Applicant claimed had repaid difference between wages and ACC payments as unlawful to receive both, but no other amount outstanding - No evidence payment of debt raised with applicant during employment - Insufficient evidence to support claim applicant in debt to respondent - Holiday pay calculation not challenged by either party - Respondent to pay arrears forthwith with interest |
| Result | Orders accordingly ; Disbursements in favour of applicant ($70) |
| Main Category | Arrears |
| Cases Cited | Pellow-Jarman v CMI Fasteners Ltd unreported, M Urlich, 20 December 2006, AA 384/06 |
| Number of Pages | 5 |
| PDF File Link: | aa 271_07.pdf [pdf 21 KB] |