| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 130 |
| Hearing date | 28 Jul 2011 |
| Determination date | 01 August 2011 |
| Member | P R Stapp |
| Representation | P L Meads ; J Todd-Lambie |
| Location | Palmerston North |
| Parties | Warren v The Oldest Kiwi Pub Ltd |
| Summary | RECOVERY OF MONIES – Applicant claimed respondent unlawfully deducted money from final pay – Respondent claimed applicant agreed to deduction as recovery of revenue variances while applicant sole operator – Applicant claimed respondent prevented by earlier full and final settlement of issues five months before employment terminated – Applicant claimed told by respondent all deductions for period before leave taken - Employment agreement provided any operator errors to be reimbursed by employee – Applicant signed letter acknowledging deductions when received final pay but not informed of rights, represented at meeting or had details of calculations – No record of calculations or discussion between parties before deductions made - Authority found respondent entitled to rely on employment agreement to make deductions from final pay – Found however respondent failed to substantiate or consult with applicant before deduction made – Found respondent precluded from making deductions by full and final settlement agreement – Respondent ordered to pay applicant $623 - Bar Person and TAB Attendant |
| Result | Application granted ; Recovery of monies ($623) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs to lie where they fall |
| Main Category | Recovery of Monies |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_130.pdf [pdf 17 KB] |