| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 141/10 |
| Hearing date | 7 Sep 2010 |
| Determination date | 07 September 2010 |
| Member | P R Stapp |
| Representation | no appearance ; W Marsland |
| Location | Wellington |
| Parties | Tautari v Gemlee Ltd t/a Ernesto |
| Summary | RECOVERY OF MONIES – No appearance for applicant – Applicant submitted statement of problem claiming respondent had deducted wages and recovery of wages sought – Respondent argued had paid applicant – Applicant’s representative withdrew representation for applicant – Authority found no good cause for applicant’s failure to appear or be represented at investigation meeting – Found satisfied applicant had been notified of investigation meeting – Respondent believed could act under individual employment agreement (“IEA”) to make deduction from wages – However, after problem filed in Authority, respondent decided because IEA not signed off was obliged to pay applicant deducted amount and deposited sum in applicant’s bank account – Authority found since sum paid, in good faith and quickly, no employment relationship problem to deal with – Subsequently applicant contacted Authority to say not taking matter any further – Costs to lie where they fall |
| Result | Application dismissed ; Orders made ; Costs to lie where they fall |
| Main Category | Recovery of Monies |
| Statutes | ERA Schedule 2, clause 12 |
| Number of Pages | 3 |
| PDF File Link: | wa 141_10.pdf [pdf 12 KB] |