| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 123/08 |
| Hearing date | 26 Mar 2008 |
| Determination date | 01 April 2008 |
| Member | R Arthur |
| Representation | G Hunt (in person) ; no appearance |
| Location | Auckland |
| Parties | Hunt & Anor v Erceg |
| Other Parties | Graimes |
| Summary | ARREARS OF WAGES - Two applicants lodged separate statements of problem - Authority directed matters be heard together as of same type and involved same respondent - No appearance by one applicant - No appearance for respondent - Applicant had previously worked for company respondent was director of - Respondent offered applicant work on yacht - Applicant to make own way to Australia to board yacht but return flight provided - Applicant flew to Australia and began work - Had “run in” with another employee and asked to leave - Skipper agreed, and directed applicant arrange flight back to New Zealand and contact company’s secretary to organise pay - Applicant not paid and discussions with respondent did not resolve issue - Issue of whether employer was respondent personally or respondent as representative of another party - Respondent may not have intended to employ applicant in own name, however, if acting for another party did not disclose fact to applicant - Authority found rule regarding undisclosed principal applied - Respondent applicant’s employer personally - No written employment agreement - Authority satisfied New Zealand law and Authority’s jurisdiction applied to employment relationship - Found applicant owed arrears of wages in sum of $3,200 plus interest and reimbursement for airfare in sum of $735 - Deck hand |
| Result | Application granted ; Arrears of wages ($3,200) ; Interest (10.84%) ; Recovery of monies ($735)(Airfare) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA Schedule 2 cl11 |
| Cases Cited | Cuttance v Perkis [1994] 2 ERNZ 321 |
| Number of Pages | 6 |
| PDF File Link: | aa 123_08.pdf [pdf 24 KB] |