Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 367/10
Hearing date 17 Aug 2010
Determination date 18 August 2010
Member A Dumbleton
Representation A Borich (in person) ; no appearance
Location Auckland
Parties Borich v Multizone Recycling Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY - RECOVERY OF MONIES - No appearance for respondent - Applicant sought unpaid salary, annual holiday pay, and expenses reasonably incurred in employment - Respondent claimed applicant employed for one month not nine weeks applicant claimed - Respondent claimed applicant overpaid salary - Respondent variously claimed applicant not entitled to payments sought as was contractor not employee and had no entitlement to holiday pay until worked for six months - Authority found parties had signed written employment agreement that provided for remuneration of $52,000 per annum and that applicant entitled to reimbursement of all expenses reasonably and properly incurred in performance of duties upon production of appropriate receipts - Found applicant worked for nine weeks but only paid for eight – Respondent to pay applicant $1,000 arrears of wages - Found applicant not paid proportional annual holiday pay on termination of employment - Respondent to pay applicant $688 arrears of holiday pay - Found applicant provided respondent with receipts to support claim for expenses - Respondent to pay applicant expenses claimed - Interest awarded - Respondent to make all payments within 14 days of date of determination
Result Applications granted ; Arrears of wages ($1,000) ; Arrears of holiday pay ($688) ; Recovery of monies ($492)(Mileage and parking ; Disbursements in favour of applicant ($70)(Filing fee)
Main Category Arrears
Number of Pages 3
PDF File Link: aa 367_10.pdf [pdf 12 KB]