| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 250 |
| Hearing date | 10 Jun 2011 |
| Determination date | 10 June 2011 |
| Member | R Arthur |
| Representation | S Webster (in person) ; no response |
| Location | Auckland |
| Parties | Webster v PCG Group Ltd |
| Summary | ARREARS OF WAGES - No appearance for respondent - Applicant sought arrears of wages - Applicant employed on hourly rate - Respondent then reduced applicant’s hourly rate to because considered applicant’s work not good enough - Applicant resigned following unilateral reduction in pay - Claimed respondent only paid some of wages owing at termination of employment and was withholding rest as ‘damages’ because applicant and another employee had not completed work satisfactorily - Authority satisfied on basis of applicant’s evidence respondent not entitled to withhold wages due to applicant - Found no written employment agreement and no other written agreement authorising deductions for costs of rectifying substandard work - Found respondent breached Wages Protection Act 1983 - Respondent ordered to pay applicant amount of wages still owing within 14 days of date of determination - Interest awarded - Authority noted Companies Office in process of removing respondent from Companies Register - However, as respondent still registered at date of determination applicant may be entitled to apply for restoration of company to register if removed before complied with Authority’s orders - Hammer hand |
| Result | Application granted ; Arrears of wages ($792) ; Interest (8.4%) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl11;ERA Second Schedule cl12;Judicature Act 1980 s87(3);Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_250.pdf [pdf 17 KB] |