| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 121/09 |
| Determination date | 28 August 2009 |
| Member | D Asher |
| Representation | D Meenken (Applicant in person) ; C Hurrell |
| Location | Wellington |
| Parties | Meenken v Rigg Zschokke Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought order preventing respondent from effecting IRD deduction notice – Applicant claimed deductions breached employment agreement (“EA”) and Wages Protect Act 1983 (“WPA”) – Claimed written opposition to deduction sufficient to release respondent from obligation to pay wages and therefore obligation to make deductions - Respondent argued under statutory obligation to implement IRD deduction notice – Authority found applicant unable to contract out of statutory obligation on respondent to pay applicant’s wages – Found respondent acted under statutory obligation which overrode obligations under WPA and EA – Found Tax Administration Act 1994 protected respondent by deeming it to act under applicant’s authority when making deductions – Application declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s131;Tax Administration Act 1994 s157;Tax Administration Act 1994 157(7);Wages Protection Act 1983 |
| Number of Pages | 4 |
| PDF File Link: | wa 121_09.pdf [pdf 13 KB] |