| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 401/10 |
| Hearing date | 11 Jun 2010 |
| Determination date | 06 September 2010 |
| Member | R A Monaghan |
| Representation | P Carr (Applicant in person) ; D Tregidga (Respondent in person) |
| Location | Auckland |
| Parties | Carr v Tregidga t/a Hobbs Electrical |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed unpaid wages and holiday pay – Applicant claimed worked more hours than paid for – Respondent discovered applicant worked more than agreed hours but no back-payment made – Applicant’s bank records suggested subsequently paid broadly in accordance with hours worked – Respondent claimed applicant did not provide documentation necessary to sustain claims – Authority found applicant unable to rely on employer’s records in formulating claim which prejudiced ability to bring accurate wages claim – Found respondent failed to prove applicant’s claim incorrect – Arrears of wages due and owing – Respondent accepted applicant owed holiday pay – Respondent claimed disputed hours worked so unable to quantify total amount owed – Respondent agreed to pay applicant amount based on wages received – Applicant advised payment received – Found wages underpaid and applicant entitled to holiday pay in respect of underpaid amount – Arrears of holiday pay due and owing – Interest payable |
| Result | Application granted ; Arrears of wages ($14,531) ; Arrears of holiday pay ($1,162.48) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s132 |
| Number of Pages | 5 |
| PDF File Link: | aa 401_10.pdf [pdf 20 KB] |