| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 528 |
| Hearing date | 9 Dec 2011 |
| Determination date | 13 December 2011 |
| Member | R A Monaghan |
| Representation | T Cann ; K Fandam |
| Location | Auckland |
| Parties | Cann v Fandam Fitness Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought unpaid holiday pay – Applicant paid holiday pay calculated on basis applicant worked 30 hours per week – Parties accepted applicant worked more than 30 hours per week – Authority found applicant entitled to $621 arrears of holiday pay – Found applicant should have been paid for 8 hours instead of 6 hours for public holidays falling on days on which applicant would otherwise have worked – Found applicant entitled to $190 arrears of holiday pay – Interest payable – PENALTY – Applicant sought penalty for alleged breach of settlement agreement – Found respondent breached settlement when failed to provide applicant with details of KiwiSaver payments within specified period – Found, however, KiwiSaver details available from Inland Revenue Department (“IRD”) – Found penalty not warranted – Applicant raised further concern that respondent’s contributions to applicant’s KiwiSaver scheme not remitted to IRD – Respondent accepted contributions to KiwiSaver not remitted to IRD – Found had no power to order penalties for breach of KiwiSaver Act 2006 – No penalty |
| Result | Application granted (arrears of holiday pay) ; Arrears of holiday pay ($811.90) ; Interest (5%) ; Application dismissed (penalty) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s149;KiwiSaver Act 2006 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_528.pdf [pdf 17 KB] |