| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 93/10 |
| Hearing date | 1 Mar 2010 |
| Determination date | 02 March 2010 |
| Member | Y S Oldfield |
| Representation | R Yeleswaram (Applicant in person) ; J Whisker (Respondent in person) |
| Location | Auckland |
| Parties | Yeleswaram (Labour Inspector) v Whisker |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought to recover arrears of wages, pay in lieu of notice and holiday pay – Respondent did not dispute sum owing – Respondent claimed unable to pay – Authority found arrears payable – PENALTY – Respondent failed to provide wage and time records – Respondent claimed applicant first person ever employed and failure result of ignorance and reluctance of applicant to sign records – Applicant claimed wished to consult Work and Income before signing records – Found penalty appropriate in respect of ongoing failure to pay applicant – Found respondent ignored problem - $500 penalty appropriate – Personal assistant |
| Result | Costs in favour of applicant ($2,361.60) ; Interest (4%) ; Penalty ($500)(payable to Crown) ; Disbursements in favour of applicant ($70) |
| Main Category | Arrears |
| Statutes | ERA s229;ERA Second Schedule cl11 |
| Number of Pages | 4 |
| PDF File Link: | aa 93_10.pdf [pdf 18 KB] |