| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 79/10 |
| Hearing date | 27 Apr 2010 |
| Determination date | 27 April 2010 |
| Member | P R Stapp |
| Representation | C Leitch ; No appearance |
| Location | Wellington |
| Parties | Leitch v Yandle and Anor |
| Other Parties | Black Cherry Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant claimed not paid before taking maternity leave and final pay incorrect – Respondent failed to provide wage and time records – Authority accepted applicant’s calculation of wages and holiday pay – JURISDICTION – Found no jurisdiction to resolve applicant’s concerns about Ministry of Justice deductions under Attachment Order and whether or not correct PAYE remitted to Inland Revenue – UNJUSTIFIED DISMISSAL – Personal grievance not properly raised – Apprentice hairdresser |
| Result | Application granted ; Arrears of wages ($289.25) ; Arrears of holiday pay ($3,228.53) ; Applications dismissed (jurisdiction) (unjustified dismissal) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12;Wages Protection Act 1983 s15;Summary Proceedings Act s106(5) |
| Cases Cited | Meenken v Rigg Zschokke Ltd & Or unreported, Colgan CJ, 16 Nov 2009 WC 25/09 |
| Number of Pages | 5 |
| PDF File Link: | wa 79_10.pdf [pdf 20 KB] |