| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 57/10 |
| Hearing date | 1 Apr 2010 |
| Determination date | 01 April 2010 |
| Member | P R Stapp |
| Representation | M V Schoonhaven ; A Cutts (in person) |
| Location | Wellington |
| Parties | Hutt Valley Signs Ltd v Cutts |
| Summary | RECOVERY OF MONIES – PRACTICE AND PROCEDURE – Applicant sought $500 for wages paid in advance – Application filed personally in own name – Whether applicant in own name was correct applicant for recovery – Respondent’s employment ended when business sold – Respondent paid $500 advance on wages – Applicant forgot to process advance in records and sought to recover advance from respondent by telephone and correspondence without success – Authority found advance paid on behalf of applicant company and not paid personally – Found employment agreement between applicant company and respondent – Authority joined applicant company in employment relationship problem – Found respondent owed applicant $500 – Advance not disputed by respondent – Found employment agreement provided for repayment of advances – Respondent raised issue about holiday pay – Found respondent failed to file statement in reply raising holiday pay issue – Found $500 due and owing |
| Result | Application granted ; Recovery of monies ($500) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs |
| Main Category | Recovery of Monies |
| Statutes | ERA s159;ERA s159(1)(b)(i);ERA s221(a) |
| Number of Pages | 4 |
| PDF File Link: | wa 57_10.pdf [pdf 18 KB] |