| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 89 |
| Hearing date | 31 Jul 2012 |
| Determination date | 09 August 2012 |
| Member | P R Stapp |
| Representation | C de Thierry (in person) ; No appearance |
| Location | Palmerston North |
| Parties | de Thierry v Peter Haerewa t/a Haerewa Transport |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - Authority satisfied respondent did not provide wage, time and leave records to labour inspector as requested - Applicant entitled to arrears of holiday pay - Respondent to pay applicant $2,222 arrears of holiday pay - PENALTY - Applicant sought penalty for respondent’s failure to provide wage and time records – Applicant’s failure to provide records deliberate however Authority could not award penalty as applicant did not personally request respondent produce records – No penalty - Truck Driver |
| Abstract | Applicant employed as truck driver. Applicant sought arrears of holiday pay and penalty for respondent’s failure to provide wage and time records to labour inspector. Applicant claimed respondent failed to pay applicant final holiday pay when employment terminated. Department of Labour requested respondent provide applicant’s wage, time and leave records but decided not to pursue claim as respondent’s business no longer operated and unlikely respondent would take on further employees. Applicant’s previous advocate calculated $2,222 arrears of holiday pay outstanding. No appearance for respondent.;AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY: No good cause for respondent failing to appear at investigation and appropriate to proceed with matter. Although no evidence from labour inspector, Authority satisfied respondent did not provide wage, time and leave records to labour inspector. Applicant entitled to arrears of holiday pay. Respondent to pay applicant $2,222 arrears of holiday pay.;PENALTY: Authority noted only labour inspector could recover penalty for employer’s failure to provide wage and time records. Not satisfied labour inspector acting as applicant’s representative when requested wage and time records. Applicant’s failure to provide records deliberate however Authority could not award penalty as applicant did not personally request respondent produce records. Authority noted respondent failed to assist Authority in investigation. No penalty. |
| Result | Application granted (arrears of holiday pay) ; $2,222.46 (Arrears of holiday pay) ; Application dismissed (penalty) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s130(2);ERA s132;ERA s229(1)(c)(i);ERA s229(1)(d);ERA s229(3);ERA s236;ERA Second Schedule cl12;Holidays Act 2003 s74;Holidays Act 2003 s76;Holidays Act 2003 s82;Holidays Act 2003 s83 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_89.pdf [pdf 98 KB] |