| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 120 |
| Hearing date | 20 Feb 2012 |
| Determination date | 11 April 2012 |
| Member | D King |
| Representation | A Chadwick ; B Hillyer |
| Location | Auckland |
| Parties | Devine v UGP Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – Applicant claimed $1,206 arrears of holiday pay remained outstanding – Parties’ SA provided that respondent would pay applicant all outstanding statutory entitlements when employment ended – Respondent disputed amount of arrears of holiday pay – Respondent calculated applicant’s leave based on applicant’s average weekly earnings rather than ordinary weekly pay and excluded accrued leave payment – Applicant claimed entitled to accrued leave up until termination of employment - Found applicant’s ordinary weekly pay greater than average weekly pay – Applicant entitled to 15 days annual leave when employment ended – Authority found respondent correctly calculated annual holiday pay based on applicant’s average earnings but failed to take into account accrued leave – Found respondent to pay interest on arrears of holiday pay already paid to applicant in accordance with SA – Respondent to pay applicant $202.37 accrued leave payment – Interest payable - Compliance partially ordered - PENALTY – Applicant sought penalty for respondent’s failure to comply with SA and obstructive behaviour – Found respondent genuinely believed had complied with SA – No penalty |
| Result | Application granted ; Compliance ordered (partially) ; Interest (5%) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA Second Schedule cl11;Holidays Act 2003 s21;Holidays Act 2003 s24;Holidays Act 2003 s24(2);Holidays Act 2003 s25(2);Holidays Act 2003 s26;Holidays Amendment Act 2010 s18;Judicature Act 2008 s87(3);Judicature (Prescribed Rate of Interest) Order 2011;Parental Leave and Protection in Employment Act 1987 s42;Parental Leave and Protection in Employment Act 1987 s42(2);Parental Leave and Protection in Employment Act 1987 s42(2)(c) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_120.pdf [pdf 22 KB] |