| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 20/08 |
| Hearing date | 23 Jan 2008 |
| Determination date | 23 January 2008 |
| Member | R Arthur |
| Representation | V Mani (in person) ; no appearance |
| Location | Auckland |
| Parties | Mani v Kendall Earthmovers Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed not paid in full for work done for respondent – Applicant on work permit and alleged respondent threatened to send him back to Fiji if continued asking for wages and payslips - No appearance by respondent – Applicant's evidence of arrears accepted – Arrears due and owing – Interest 10.75 percent – Certificate of determination to be issued to applicant - Applicant’s statement of problem also referred to personal grievance but no evidence raised with employer as required – Although sufficient undefended evidence of unjustified treatment to establish grievance, Authority could not address claim – Also evidence of breaches of employment agreement that would have warranted penalty if one had been sought - Machine operator |
| Result | Application granted ; Arrears of wages ($3,546.28) ; Arrears of holiday pay ($332.80) ; Interest (10.75%) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s114;ERA s141;ERA Second Schedule cl11;ERA Second Schedule cl12;Employment Relations Authority Regulations 2000 r9 |
| Number of Pages | 4 |
| PDF File Link: | aa 20_08.pdf [pdf 17 KB] |