| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 176 |
| Hearing date | 3 Mar 2011 |
| Determination date | 29 April 2011 |
| Member | R A Monaghan |
| Representation | R Pemberton (in person) ; S Hooper |
| Location | Rotorua |
| Parties | Pemberton v Te Haumi Logging Ltd |
| Summary | ARREARS OF WAGES – Applicant sought $2,500 repayment of unpaid wages – Respondent failed to file statement of reply after extensions and prompting from Authority - Authority granted leave for respondent to reply at hearing - Respondent alleged parties not in employment relationship, rather applicant principal contractor – Authority found insufficient evidence applicant principal contractor - Noted statement of reply, including allegation applicant not employee, should have been filed by respondent – Respondent claimed no wages owed to applicant – Authority noted applicant failed to provide evidence of wages outstanding – Found respondent paid applicant regularly and applicant not owed wages by respondent – Applicant claimed wages for leave period underpaid by $792 – Respondent deducted difference between actual work done and average from applicant’s wages – Applicant claimed calculation should be based on actual work done, not based on average – Respondent made further deduction from wages as applicant’s work unsatisfactory - Authority found employment agreement did not entitle respondent to make deductions – Respondent to reimburse deductions from applicant’s wages – Logging Consultant |
| Result | Application dismissed (arrears of wages) ; Application granted (deduction from wages)($1,017.99) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_176.pdf [pdf 17 KB] |