| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 200 |
| Hearing date | 22 Nov 2011 |
| Determination date | 06 December 2011 |
| Member | G J Wood |
| Representation | A Pulman ; R Askin |
| Location | Napier |
| Parties | Whyte v Setar Eighty One Ltd t/a Esquires Napier |
| Summary | ARREARS OF WAGES – Applicant claimed underpaid during course of employment with respondent – Applicant not provided with regular payslips mainly because respondent principals not based in same city – Respondent reliant on applicant to send clock-on/clock-off records – Applicant claimed owed $405 arrears of wages – Authority relied on clock-on/clock-off records – Respondent deducted one quarter of hour’s pay from applicant’s claims for every occasion applicant took break longer than 15 minutes – Authority accepted applicant allowed to take two 10 minute breaks together because often not time to take breaks separately due to customer demands – Authority rejected all deductions in hours claimed by respondent – Found when applicant clocked in applicant was working and if started work early was to benefit of respondent – Found claims should not be reduced because of early starts – Found applicant finished work early if quiet and did not claim payment for those periods – Found applicant did work outside of clock-in/clock-out hours but could not be compensated for those hours – Found likely colleague clocked in using applicant’s card so pay for split shift not owing – Found $228 arrears of wages due and owing – Coffee House Supervisor |
| Result | Arrears of wages ($228) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_200.pdf [pdf 16 KB] |