| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 144/09 |
| Hearing date | 6 May 2009 |
| Determination date | 08 May 2009 |
| Member | R A Monaghan |
| Representation | C Sinclair ; No appearance |
| Location | Auckland |
| Parties | Chen v Diamond Vending Machines Ltd |
| Summary | ARREARS OF WAGES - No appearance for respondent - Written employment agreement provided for annual salary plus commission - Applicant not paid salary during period of employment - At meeting between parties respondent agreed payment would be made, but no payment forthcoming - Respondent’s failure to pay unexplained - Respondent ordered to pay outstanding amount - RECOVERY OF MONIES - Applicant sought reimbursement of expenses incurred in using own motor vehicle for work-related travel - Applicant submitted properly quantified claims - Respondent had agreed payment of expenses would be made but no payment forthcoming - Authority ordered payment of travelling expenses - Applicant claimed should be repaid ‘employment fee’ of $8,000 paid to director (“W”) of recruitment company (“MJM”) - Applicant entered into agreement with MJM that would pay fee if MJM secured suitable position - Applicant told potential employer found and meeting arranged - W participated in meeting as potential employer - W claimed had long standing involvement with respondent and entered into employment relationship with applicant as ‘general manager’ of respondent - Applicant paid fee directly to W rather than MJM as requested by W - Authority found appeared W acting on behalf of MJM, not respondent, when sought payment of fee - Therefore W’s actions not within scope of s12A Wages Protection Act 1983 (“WPA”) that prevents employer from seeking or receiving any premium in respect of employment of any person - Authority found had there been evidence that W acting on behalf of respondent s12A WPA would have applied to give applicant right to recover money in Authority - Any remedy applicant might have lay elsewhere - Authority noted w's conduct was significant cause for concern |
| Result | Application granted (Arrears of wages) ; Arrears of wages ($4,711.54) ; Application granted (Recovery of monies)(Reimbursement for expenses)($1,460.39) ; Interest (5%) ; Application dismissed (Recovery of monies)(Employment fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12;Wages Protection Act 1983 s12A |
| Number of Pages | 6 |
| PDF File Link: | aa 144_09.pdf [pdf 22 KB] |