| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 299/08 |
| Hearing date | 14 Aug 2008 |
| Determination date | 19 August 2008 |
| Member | R A Monaghan |
| Representation | L Brown (in person) ; T Ram |
| Location | Auckland |
| Parties | Brown v Cohesive Integration (NZ) Ltd |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of unauthorised deductions from final pay – Applicant argued deductions concerned period when applicant was on time off in lieu of overtime – Applicant also sought payment regarding course of study being undertaken – Deduction in respect of time off in lieu treated as annual leave – Course of study payment deducted as respondent believed payment not required under employment agreement (“EA”) – Respondent did not respond to statement in reply, however, investigation meeting attended by respondent’s business adviser – EA required time off in lieu of overtime to be utilised within one month of entitlement accruing – Authority accepted applicant’s evidence that deductions not correctly made – Authority ordered respondent pay applicant 17 days’ pay for annual leaven wrongly deducted – Applicant purchased text books for approved course with respondent’s credit card – Authority inferred deduction made on view of bonding period expressed in letter to applicant – Authority accepted if training began when applicant purchased books then remained in employment “for no less than 12 months from commencement of training” – Found bond no longer applied – Authority found respondent’s view to a different effect meant applicant did not receive remaining payment after time off in lieu deduction – Authority ordered respondent to pay applicant $362 outstanding holiday pay |
| Result | Application granted ; Recovery of unlawful deduction ($3991.22) Recovery of monies ($362.00) ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | aa 299_08.pdf [pdf 17 KB] |