| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 302/07 |
| Hearing date | 19 Sep 2007 |
| Determination date | 02 October 2007 |
| Member | R A Monaghan |
| Representation | J Green ; no appearance |
| Location | Auckland |
| Parties | Green v Nouveau Holdings Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – No appearance by respondent – Unlawful deduction from wages as no written authority – Authority calculated arrears of wages and holiday pay due and owing, reduced by amount applicant admitted owed respondent – Claim for overtime declined as parties had agreed to recognise overtime with time off in lieu – Applicant had not taken accumulated lieu time before resigned but, without more, not entitled to payment – Applicant’s other claims for reimbursement and equipment rental disallowed as no evidence or no agreement - PENALTY – Breach of employment agreement – Breach of Employment Relations Act 2000 - Applicant disputed employment agreement presented by respondent, claimed no agreement finalised – Information insufficient to support penalty for failure to supply written agreement – Apparently unreliable wage payments capable of amounting to breaches of employment agreement – Matter addressed in a global way as notional single failure to pay wages – Salesperson |
| Result | Application granted ; Arrears of wages ($3,415.03)(nett) ; Arrears of holiday pay ($844.80)(gross) ; Penalty ($500)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12;Holidays Act 2003 s75;Wages Protection Act 1983 s5 |
| Number of Pages | 6 |
| PDF File Link: | aa 302_07.pdf [pdf 22 KB] |