| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 155/02 |
| Hearing date | 22 Apr 2002 |
| Determination date | 29 May 2002 |
| Member | T Woods |
| Representation | C Pickering ; G Hosking |
| Location | Auckland |
| Parties | Carson v Salesforce New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged unlawful deduction of wages - Alleged unlawful withholding of wages and holiday pay - Argued applicant owed money for insurance excess - Damaged two company vehicles - Admitted could not seek payment for first accident - Evidence suggested deduction had not occurred - Respondent only entitled to deduct wages with applicant's consent - No consent - Unjustified disadvantage established - Respondent ordered to pay applicant withheld wages and holiday pay - PENALTY - Sought penalty for unlawful withholding of wages and holiday pay - Alleged hurt and anxiety caused - Penalty inappropriate - No wilful breach - Award better served under compensation - Penalty declined |
| Result | Application granted ; Orders accordingly ; Compensation for humiliation etc ($300) ; Costs reserved |
| Statutes | ERA s130;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |