| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 339 |
| Hearing date | 6 Sep 2010 - 18 Apr 2011 (3 days) |
| Determination date | 28 July 2011 |
| Member | A Dumbleton |
| Representation | L Sharma (in person) ; S Shaikh |
| Location | Auckland |
| Parties | Sharma v Monopoliz Supplies Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed wages and holiday pay by respondent – Applicant claimed only received two cash payments and rent paid by business owner (“S”) – S denied applicant employed by respondent as was employed by previous owner (“C”) – Authority found C sold business to respondent – C employed applicant until sale of business when applicant’s employment transferred to respondent – S claimed thought applicant undertaking stock take for C – Found stock take complete on sale of business so no reason for C to continue to employ applicant after business sold – S denied signed written employment agreement with applicant and denied ever employed applicant – Authority accepted applicant’s evidence that ceased employment with C and employed by respondent – Another employee (“H”) confirmed applicant employed at time H employed – Found recording of conversation between parties contained some element of admission by S that money owed to applicant for wages – Found applicant employed by respondent – Found respondent failed to keep wages and time record and failure prejudiced applicant’s ability to bring accurate claim for recovery of wages – Found respondent did not prove amount claimed incorrect – Found outstanding wages and holiday pay due and owing – Interest payable – Shop Assistant |
| Result | Application granted ; Arrears of wages and holiday pay ($6,913) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s132 |
| Cases Cited | Hanjra v Monopoliz Supplies Limited unreported, R Arthur, 22 Feb 2010, AA 81/10 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_339.pdf [pdf 19 KB] |