| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 174 |
| Determination date | 29 April 2011 |
| Member | R Larmer |
| Representation | D Flaws ; R Harrison |
| Location | Auckland |
| Parties | Baregari v Little Turkish Cafe Ltd |
| Summary | PRACTICE AND PROCEDURE – Quantum of Remedies – Authority ordered parties to agree on quantum of arrears of wages due to insufficient evidence before Authority – Parties failed to agree on quantum of remedies – Authority found respondent did not calculate relevant daily pay according to correct formula in Holidays Act 2003 – Found formula used by respondent did not apply because amendment containing formula did not coming into force until 1 April 2011 – Found applicant entitled to payment of $34,906 during employment with respondent – Found applicant already received $23,537 payment – Respondent claimed interest should not be awarded on arrears – Found parties put on notice of possible interest award – Found arrears owing for more than two years – Quantum specified by Authority – Interest payable |
| Result | Quantum specified ; Arrears of wages ($9,984.63) ; Interest (8.4%) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl11;Holidays Act 2003 s9(1);Holidays Act 2003 s9A(2);Holidays Act 2003 s9(3);Judicature Act 1903 s87(3) |
| Cases Cited | Bazegari v Little Turkish Cafe Limited [2011] NZERA Auckland 32 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_174.pdf [pdf 17 KB] |