| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 337/07 |
| Hearing date | 28 Jun 2007 - 17 Oct 2007 (2 days) |
| Determination date | 29 October 2007 |
| Member | M Urlich |
| Representation | EJS Karunanayake (in person) ; A Fayyaz |
| Location | Auckland |
| Parties | Karunanayake v AAA Parts & Auto Services Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought payment at agreed rate for all hours worked during employment and holiday pay – Respondent claimed applicant received full entitlement – No appearance by respondent - Original investigation meeting adjourned part heard because translator required and because respondent’s director would not desist from using unacceptable language – Respondent had not complied with Authority Minute to provide wage, time and holiday records - Further minute requested Labour Inspectorate to uplift documents but attempts to do so unsuccessful – Labour Inspectorate subsequently calculated gross earnings and holiday pay at minimum wage rate using time records – Authority Minute declined respondent’s request to respond to evidence after investigation meeting – Disagreement over correct hourly rate – Written employment agreement stated hourly rate – No evidence of agreement to vary rate – Applicant’s evidence of hours worked accepted - Entitled to be paid for hours worked at hourly rate for which he agreed to work – Arrears due and owing – Mechanic |
| Result | Application granted ; Arrears of wages ($12,062) ; Arrears of holiday pay ($1,248.75) ; Interest (9%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 6 |
| PDF File Link: | aa 337_07.pdf [pdf 21 KB] |