| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 286/07 |
| Hearing date | 22 Aug 2007 |
| Determination date | 14 September 2007 |
| Member | V Campbell |
| Representation | S Tregoweth (in person) ; B Doyle |
| Location | Hamilton |
| Parties | Tregoweth v Albert Number Six Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Dispute about number of hours applicant worked in manager's absence - Applicant initially paid for hours she claimed - Manager subsequently decided applicant overstated hours and deducted 17 hours from final pay - Respondent also deducted two days pay for failure to give notice - Applicant had not consented to deductions - Deductions unlawful - Arrears due and owing - RECOVERY OF MONIES - Counterclaim - Respondent also deducted PAYE that it claimed related to management fee" previously paid to applicant - On balance of probabilities more likely than not management fee a gross amount - Liability for payment of tax responsibility of tax-payer - As matter of convenience PAYE deducted at end of employment - Money remitted to IRD on applicant's behalf and respondent entitled to be recompensed for it - Sums owing to applicant to be off-set by amount of PAYE attributable to management fee - Cleaner" |
| Result | Application granted ; Arrears of wages ($397.50) ; Arrears of holiday pay ($792.96) ; Counterclaim granted ; Recovery of monies (Quantum to be determined) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 4 |
| PDF File Link: | aa 286_07.pdf [pdf 30 KB] |