| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 283 |
| Hearing date | 23 May 2011 - 22 Jun 2011 (3 days) |
| Determination date | 01 July 2011 |
| Member | A Dumbleton |
| Representation | A T Abdulkarim (in person) ; J Goundar |
| Location | Auckland |
| Parties | Abdulkarim v AZ Automotives Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought $4,250 unpaid wages - Respondent denied wages owed - Respondent provided records of all payments made to applicant - Respondent claimed records showed applicant received more than the claimed amount - Respondent filled out records night before investigation meeting - Authority obtained original records from accountant - Respondent conceded that applicant did not receive wages every week of employment - Applicant claimed obtained money in lieu of wages by keeping money paid by customers - Respondent approved arrangement - Applicant provided list of payments received from customers - Authority found uncertainty over amount claimed by applicant - However, found responsibility on respondent to keep accurate records - Found could accept claims made by applicant as to wages paid due to respondent's failure to keep accurate records - Found respondent failed to prove applicant's claims incorrect - Found applicant entitled to $4,250 arrears of wages - Found award to be inclusive of unpaid annual holiday pay - Found respondent would have been subject to penalties if claimed by applicant due to failure to keep accurate records and have a written employment agreement - Interest payable - Mechanic and Warrant of Fitness Inspector |
| Result | Application granted ; Arrears of wages and holiday pay ($4,250) ; Interest (5%) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s65;ERA s130;ERA s130(4);ERA s132 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_283.pdf [pdf 25 KB] |