Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 166/08
Hearing date 5 May 2008
Determination date 05 May 2008
Member R Arthur
Representation R Ruffini (in person), L De Oliveira (in person) ; no appearance
Location Auckland
Parties Ruffini and Anor v Pizza Fesco Franchising Ltd
Other Parties De Oliveira
Summary ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought payment of notice, last week’s wages and holiday pay - No appearance by respondent - Respondent discouraged applicants from pursuing claim, including threat to ‘report” second applicant to Immigration Service - Second applicant entitled to notice as set out in employment agreement - First applicant lacked written agreement - Reasonable notice period two weeks - Arrears due and owing - Arrears owing reduced by partial payment made by respondent at time of dismissal - Interest 10.82 percent - Kitchen staff
Result Application granted ; Arrears of wages ($810)(RR) ; ($3,300)(LO) ; Arrears of holiday pay ($518)(RR) ; ($1,689.60)(LO) ; Interest (10.82%) (less partial payment of $750 each) ; Disbursements ($70)(Filing fee)
Main Category Arrears
Statutes ERA Second Schedule cl2
Number of Pages 5
PDF File Link: aa 166_08.pdf [pdf 21 KB]