Gratuities owed??

psalbmb

Just a quick question, say Hypothetical speaking someone who works in a hotel and hasn't received their monthly gratuities( guests who put a tip on there room for servers) which are owed for last few months(used to be paid out every month like a someones wages) and they are wondering is this legal, as it states that under the payment of wages act, gratuities are considered as pay, therefore should a said person not only be entitled to them, but also a break down of any deductions, as their manager every month changes how she divides them among staff. she also deducts from their tips due to "open checks" from walk outs, however say that person confronted her about wanting to see these "open checks" and was told they couldn't as they were not on the system cause they'd been "paid off"... any suggestions?

Procrastastudy

Contact NERA hypothetically

psalbmb

Procrastastudy wrote: »

Contact NERA as the charter precludes offering of legal advice. Would have been very easy to present this as a hypothetical.

thanks, changed it

psalbmb

contacted NERA and they hadn't a clue. so person A who hasnt received his gratuities since september 2011, then next time he gets them is june 2012 with deductions for "open checks/walk outs". when person A questioned Manger B about wanting to see these open checks etc, manager B refused saying they were off the system.

so my question is, under s.5(2) of the payment of wages act, from sept-june is 9 months, so is manager B legally entitled to make such deductions after the 6 months provision has passed??

Please help, thanks Guys