| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 155 |
| Hearing date | 27 Jul 2010 - 22 Mar 2010 (2 days) |
| Determination date | 15 April 2011 |
| Member | A Dumbleton |
| Representation | P Talanoa ; S Arachchie |
| Location | Auckland |
| Parties | Cohen v NCSA Holdings Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought to recover unpaid wages, underpaid wages, holiday pay, overtime and sick leave of $3,571 – Claimed no payslips issued – Authority advised parties following investigation meeting insufficient evidence applicant underpaid - Undisputed applicant worked 40 to 45 hours per week – Respondent provided detailed schedules of applicant’s hours worked, leave and payments to applicant – Respondent claimed no wages, holiday or sick leave outstanding – Applicant claimed worked more than 45 hours many weeks – Failed to produce supporting records – Authority unsatisfied applicant owed for wages, holiday pay or sick leave – Application dismissed - UNJUSTIFIED DISMISSAL – Applicant claimed unfairly dismissed and sought compensation – Evidence included applicant’s resignation letter after injury at work – Personal grievance claim raised six months after resignation – Authority noted grievance outside 90 day period and needed leave to be granted – Could not consider unjustified dismissal claim – Found evidence strongly suggested applicant resigned – Application dismissed – Beauty and hair salon worker |
| Result | Applications dismissed ; No order as to costs |
| Main Category | Arrears |
| Statutes | ERA s114 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_155.pdf [pdf 15 KB] |