| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 110 |
| Hearing date | 25 Sep 2012 |
| Determination date | 26 September 2012 |
| Member | P R Stapp |
| Representation | A Vickerman ; S ISaako |
| Location | Wellington |
| Parties | Vickerman v Bismillah Investments Ltd & Anor |
| Other Parties | Jimmy and Sharifa Isaako t/a Metropolitan Bar |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found applicant entitled to arrears of wages and holiday pay - Authority noted respondent’s failure to produce applicant’s wage, time and holiday records, file statement of reply on time or provide applicant with written employment agreement - Respondent to pay applicant $589 arrears of wages and $791 arrears of holiday pay - Duty Manager |
| Abstract | Applicant employed as duty manager. Applicant sought arrears of wages and holiday pay. Respondent’s representative (“I”) denied arrears of wages and holiday pay outstanding. I claimed as no contract between parties, respondent’s discretion whether applicant received holiday pay and respondent not prepared to allow applicant to work out notice period. Applicant claimed requested written employment agreement (“EA”) but respondent told applicant “not to worry about it.” Applicant claimed resigned, gave respondent two weeks’ notice but not paid wages.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant employed by respondent not I personally. Leave reserved for applicant to return to Authority to determine liability of I and another party. Authority noted not discretionary for employers not to pay holiday pay when employment terminated within 12 months. Decision that applicant would finish employment immediately unilateral decision by respondent and respondent required to pay applicant wages in lieu of notice period. Applicant entitled to arrears of wages and holiday pay. Authority noted respondent failed to comply with direction to produce applicant’s wage, time and holiday records prior to investigation meeting. Respondent failed to file statement of reply on time. Respondent’s failed to provide applicant with written EA. Respondent to pay applicant $589 arrears of wages and $791 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($589) ; Arrears of holiday pay ($791.41) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Arrears |
| Statutes | ERA s63A(2);ERA s64;Holidays Act 2003 s23 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Wellington_110.pdf [pdf 105 KB] |