| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 148/10 |
| Hearing date | 16 Mar 2010 |
| Determination date | 30 March 2010 |
| Member | G J Wood |
| Representation | A Hamze (in person) ; N Ebrahimi (in person), J Hoseinzadeh (in person) |
| Location | Auckland |
| Parties | Hamze v Saffron Restaurant Ltd & Ors |
| Other Parties | Ebrahimi, Hoseinzadeh |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages and holiday pay from first, second, and third respondent – Second and third respondent argued applicant owed money for board, lodging, travel and food – Authority declined to take into account alleged counterclaim as no notice given to applicant – Authority dismissed claims against second and third respondent as they were not applicant’s employer – Found first respondent applicant’s employer pursuant to employment agreement - Applicant’s wages withheld by first respondent – First respondent argued applicant agreed to withholding of wages – Applicant claimed no agreement made – Applicant’s evidence preferred – Found given no wage records provided, first respondent to pay applicant $2,100 arrears of wages – Applicant claimed underpaid by $2,100 – Found first respondent admitted to possibility applicant underpaid – Found given failure to provide wage records, first respondent to pay applicant $2,100 arrears of wages – Applicant claimed not paid holiday pay when employment relationship terminated – First respondent argued applicant waived right to holiday pay – Found Holidays Act 2003 could not be contracted out of – First respondent to pay applicant $2,100 arrears of holiday pay – Chef |
| Result | Applications granted ; Arrears of wages ($4,200) ; Arrears of holiday pay ($2,100) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 |
| Number of Pages | 4 |
| PDF File Link: | aa 148_10.pdf [pdf 15 KB] |