| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 170 |
| Hearing date | 27 Apr 2012 |
| Determination date | 21 May 2012 |
| Member | J Crichton |
| Representation | B Ram (in person) ; D Myatt (in person) |
| Location | Auckland |
| Parties | Ram v Myatt (Labour Inspector) |
| Summary | ARREARS OF HOLIDAY PAY - Applicant objected to demand notice from respondent to pay previous employee (H") $11,560 arrears of holiday pay - Authority found applicant's objection to respondent's demand notice not made out - Found proper course of action, taking all matters into account, was to round down amount owing to H to $11,000 - Applicant to pay H $11,000 arrears of holiday pay" |
| Abstract | Respondent issued applicant with demand notice that applicant to pay previous employee (H") $11,560 arrears of holiday pay. Applicant objected to demand notice. Respondent claimed applicant failed to keep wage and time records. Applicant claimed had since improved recordkeeping and records for last year of H's employment showed respondent's calculations of arrears of holiday pay incorrect. Applicant claimed respondent failed to take into account H's annual leave.;AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: Applicant's wage and time records not provided in timely manner and recordkeeping format did not comply with legislative requirements. Applicant's recordkeeping appeared genuine although different from H's records. Respondent had properly calculated sums owing to H based on information available to respondent at time. Applicant's objection to respondent's demand notice not made out. Proper course of action, taking all matters into account, was to round down amount owing to H to $11,000. Applicant to pay H $11,000 arrears of holiday pay." |
| Result | Application declined ; Arrears of holiday pay ($11,000) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | ERA s224(1) |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_170.pdf [pdf 144 KB] |