| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 104/09 |
| Hearing date | 9 Oct 2009 |
| Determination date | 02 April 2009 |
| Member | L Robinson |
| Representation | A McInally ; G Steele |
| Location | Auckland |
| Parties | Narbey v Fire Security Services (Auckland) Ltd |
| Summary | ARREARS OF WAGES – Applicant sought to recover wages unlawfully deducted from final pay – Respondent claimed deduction lawful due to written consent given in “Training Agreement” (“TA”) – Applicant signed TA at commencement of employment – TA provided employer’s right to recover training costs from employee’s wages if employee resigned within 12 months after completion of training – Applicant claimed did not agree with TA but signed TA due to improper pressure from respondent – Applicant later became party to collective employment agreement (“CEA”) – CEA provided TA part of condition of employment – Applicant completed training in early 2007 – Applicant resigned 8 months later – Applicant revoked consent to deduct from final wages costs of training - Respondent claimed could not revoke consent because revocation derogated from provisions of CEA under s16 Wages Protection Act 1983 (“WPA”) – Authority found TA unilateral agreement therefore both parties’ consent to revoke not needed – Found liability to pay and consent to deduct exclusive of one another and while authority to deduct may be revoked, liability to pay remained unaffected – Found s16 WPA did not restrict right to revoke consent – Authority made no finding on whether duress used to execute TA - Found deduction unlawful – Reimbursement of $1,804 in favour of applicant – Interest awarded – PENALTY – Applicant sought penalty for unlawful deduction – Penalty declined – Fire Alarm Tester |
| Result | Application granted (Arrears of Wages) ; Application dismissed (Penalty) ; Arrears of Wages ($1,804.23) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s6(2);Wages Protection Act 1983 s16 |
| Number of Pages | 5 |
| PDF File Link: | aa 104_09.pdf [pdf 22 KB] |