| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 37/02 |
| Determination date | 08 April 2002 |
| Member | H Doyle |
| Representation | Austin in person ; Boyd in person |
| Location | Christchurch |
| Parties | Austin v Boyd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No written employment agreement - Sum deducted from final pay - No consent to deduction - Alleged wage inclusive of holiday pay - No express agreement as to holiday pay - Holiday pay owing - Counterclaim - Alleged falsified time sheets - Reimbursement of overpayment sought - Mathematical error in time sheets - Overpaid 33 hours - Sum owing to respondent - Amounts to be offset - Remainder payable to applicant - PENALTY - Failure to provide wage and time records - No request for records ever made - Inappropriate to order penalty - Chef |
| Result | Application granted in part ; Arrears of wages ($91) ; Arrears of holiday pay ($530.52) ; Counterclaim successful ; Overpayment owing ($462) ; Respondent to pay balance ($159.52) ; Costs in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s65(1)(a);Holidays Act 1981 s21 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |