| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 42 |
| Hearing date | 9 Dec 2010 |
| Determination date | 11 March 2011 |
| Member | D Asher |
| Representation | L Hansen ; no appearance |
| Location | New Plymouth |
| Parties | Singh v Mahadeep Property Developers Ltd and Anor |
| Other Parties | Walia |
| Summary | PRACTICE AND PROCEDURE - No appearance for respondents - Application for joinder - Applicant sought to join second respondent to proceedings - Second respondent father of first respondent’s director - Applicant claimed second respondent offered him employment - Second respondent to be added as party to proceedings - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Claimed except for one off payment of $400 not paid for two months worked for respondent - No written employment agreement - Authority found no evidential basis or other reasons to dispute credibility of applicant’s allegations engaged by one or other of respondents, on minimum wage and that worked hours claimed almost entirely without pay - Applicant provided documentary evidence of frequent emails between second respondent reporting relevant daily sales figures - Found respondents admitted applicant did some work for them - Authority satisfied respondents, jointly and severally, liable to pay applicant sums claimed - Respondent ordered to pay applicant sums claimed - Interest awarded - COUNTERCLAIM - Recovery of monies - Respondents claimed applicant owed monies totalling $2,500 in respect of various fees, expenses, and reimbursement for vehicle damage and cost of pair of sunglasses - Applicant denied owed sum claimed - Authority found in absence of affirmed or sworn evidence in support of respondents’ counter-claims had no reasons or basis other than to accept applicant’s denial of any liability and to reject respondent’s counter-claims |
| Result | Applications granted (practice and procedure)(arrears of wages and holiday pay) ; Counterclaim dismissed ; Arrears of wages ($7,187.50 less $400 payment) ; Holiday pay ($575) ; Interest ; Disbursements in favour of applicant ($700(Filing fee) |
| Main Category | Practice & Procedure |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_42.pdf [pdf 25 KB] |