| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 120A/10 |
| Determination date | 08 November 2010 |
| Member | P R Stapp |
| Representation | G Lloyd ; T Cleary |
| Location | Wellington |
| Parties | Foai v Air New Zealand Ltd |
| Summary | ARREARS OF WAGES - Applicant sought payment for final pay of $9,363 - Respondent withholding applicant's final pay as claimed applicant owed $42,635 in mistakenly overpaid wages - Found respondent had no written authority to deduct and withhold final pay - Found no contractual provision for respondent to withhold and off set amount - Respondent had obligation to pay applicant final pay - Respondent to pay applicant $9,363 arrears of wages - Interest awarded - RECOVERY OF MONIES - Respondent overpaid applicant $42,635 during course of his employment - Parties disputed whether applicant knew about overpayment - Found evidence applicant did alert respondent to potential problem when noted different amounts in regular pay - Found applicant accepted pay in good faith and did ask some questions to check was being properly paid - Found respondent established applicant overpaid and that came about as consequence of error - Found Wages Protection Act 1983 not available to recover amount sought by respondent - However, respondent not precluded from recovering amount as recoverable debt, and Authority had jurisdiction for that type of claim as related to parties’ employment relationship - Found applicant had not satisfied Authority should deny exercising relief as matter of any inequity because could not be said respondent paid money voluntarily and with knowledge of facts - Applicant to pay respondent $42,635 - Authority noted would make sense to off set underpayment from overpayment but was not order Authority could make given separate recovery actions from parties |
| Result | Applications granted ; Arrears of wages ($9,363.04) ; Interest (Quantum to be determined) ; Recovery of monies ($42,635.40) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Foai v Air New Zealand Ltd unreported, P R Stapp, 30 Jun 2010, WA 120/10 |
| Number of Pages | 4 |
| PDF File Link: | wa 120a_10.pdf [pdf 14 KB] |