| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 505/10 |
| Hearing date | 29 Nov 2010 |
| Determination date | 09 December 2010 |
| Member | D King |
| Representation | J Liu ; G Zhang |
| Location | Auckland |
| Parties | Jing v Sky Cuisine Ltd |
| Summary | ARREARS OF WAGES – Applicant claimed unpaid wages – Respondent did not dispute wages unpaid but disputed number of hours worked – Authority found respondent did not keep records – Found applicant paid in cash – Employment Agreement stated applicant to work 40 hours per week – Unpaid wages dues and owing based on 40 hours worked per week – Public holiday pay calculated on basis restaurant open in evenings on public holidays – Found applicant worked on public holidays and entitled to payment at rate of time and a half – Found applicant not paid holiday pay – Found applicant entitled to holiday pay – UNJUSTIFIED DISMISSAL – Constructive dismissal – Found applicant left with no option but to resign when respondent ceased paying wages – Dismissal unjustified – REMEDIES – Parties to agree on calculation of lost income – RECOVERY OF MONIES – Applicant claimed respondent deducted wages without consent each week – Respondent claimed deducted wages to obtain repayment of agent’s commission for arranging applicant’s employment in New Zealand – Respondent claimed applicant owed money for accommodation despite letter of offer stating accommodation provided – Found no deductions for accommodation made – Respondent claimed reimbursement of telecommunications charge and payment of immigration fee – Found no agreement to make deductions – Respondent claimed reimbursement of advertising cost following applicant’s departure – Found applicant not liable for costs – Found applicant left employment because respondent unlawfully withheld wages – Found respondent illegally made deductions from wages – Monies due and owing – Chef |
| Result | Applications granted ; Arrears of wages ($5,274.64) ; Arrears of public holiday pay ($326.92) ; Arrears of holiday pay ($1,826.59) ; Recovery of monies ($2,762.48) ; Reimbursement of lost wages (Parties to determine) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | aa 505_10.pdf [pdf 17 KB] |