| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 156/10 |
| Hearing date | 29 Jul 2010 |
| Determination date | 03 August 2010 |
| Member | M B Loftus |
| Representation | J Gnoth ; no appearance |
| Location | Queenstown |
| Parties | Fuster v Brownie |
| Summary | PRACTICE AND PROCEDURE - Identity of respondent - No appearance for respondent - Authority satisfied respondent applicant’s employer and not company called Glenorchy Hotel Limited (“GHL”) - Authority accepted applicant’s claim believed employed by respondent personally and did not know of GHL’s existence - Found respondent had not suggested matter incorrectly filed - Found GHL, in seeking to be struck off company’s register, declared had discharged full liabilities to all known creditors - Found declaration could not have been properly made had GHL been applicant’s employer - Found company knew of applicant’s claim - ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed arrears of wages and holiday pay - Authority accepted applicant’s evidence sums owed - Found respondent had effectively acknowledged sums owed - Respondent claimed belief applicant did not have work permit justification for non payment and would pay sums owed on production of work permit - Applicant claimed had work permit and respondent assisted him in obtaining it - Found even if applicant did not possess work permit not justification for non payment - Found while no work permit may raise issue of whether employment should have been offered found since it was applicant had entitlement to be paid - Respondent to pay applicant $8,008 arrears of wages and holiday pay by specified date - Interest awarded - COSTS - Applicant sought reimbursement of filing fee and cost of advocate’s transport to investigation meeting - Authority found appropriate to reimburse applicant for costs - Respondent to pay applicant $466 contribution to costs |
| Result | Application granted ; Arrears of wages and holiday pay ($8,008.26) ; Interest (5.28%) ; Disbursements in favour of applicant ($396.20)(Transport costs)($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 7 |
| PDF File Link: | ca 156_10.pdf [pdf 21 KB] |