| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 195/10 |
| Hearing date | 7 Oct 2010 |
| Determination date | 14 October 2010 |
| Member | M B Loftus |
| Representation | B Scoble ; no appearance |
| Location | Christchurch |
| Parties | Natsume v Valley of the Kings Ltd |
| Summary | ARREARS OF WAGES – JURISDICTION – No appearance for respondent – Applicant sought $3,248 unpaid wages – Applicant provided tax number to respondent director (“K”) but K did not appear to record number – Applicant paid in cash for shifts – Applicant informed by colleague was being underpaid – Applicant raised issue with K and subsequently with Department of Labour – K claimed applicant employed as trainee and therefore not entitled to minimum wage – Authority found applicant employee – Found unbelievable respondent would leave trainee in sole charge of retail food outlet – Found applicant paid throughout and undermined credibility of respondent’s claim – Found advertisements undermined respondent’s claim sought trainee – Found K treated applicant as ungrateful employee when issue about underpayment raised – Found wages due and owing – Interest payable – COSTS – Applicant sought reimbursement of travel expenses – Found applicant travelled from Blenheim for investigation meeting – Applicant claimed costs of obtaining visa extension – Found investigation meeting delayed due to K’s incarceration – $1,073 costs reasonable |
| Result | Application granted ; Arrears of wages ($3,248.77) ; Interest (5.19%) ; Costs in favour of applicant ($1,073.25) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;Minimum Wages Act 1983 |
| Number of Pages | 9 |
| PDF File Link: | ca 195_10.pdf [pdf 29 KB] |