| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 376 |
| Determination date | 17 October 2012 |
| Member | K J Anderson |
| Representation | A Reid, Labour Inspector ; T Bradford-Robinson |
| Parties | Reid, Labour Inspector v Robinson and Bradford-Robinson t/a Kopu Roadhouse Bar N Cafe |
| Summary | ARREARS OF HOLIDAY PAY - COMPLIANCE ORDER - Applicant sought compliance order that respondents pay applicant arrears of holiday pay – Applicant previously issued demand notice for arrears of holiday pay based on employee’s calculations - Authority found based on Authority’s jurisdiction in equity and good conscience, more accurate to conclude employee’s income lower than calculated by applicant - Respondent to pay applicant $302 arrears of holiday pay |
| Abstract | Applicant sought compliance order that respondents pay previous employee (“R”) $428 arrears of wages. Applicant labour inspector and previously issued demand notice for arrears. Respondents did not comply but did not formally object to demand notice. R employed at respondents as part of gateway programme organised by school R attended. Pursuant to Education Act 1989 R not entitled to be paid for hours worked during usual school hours. Respondents paid R $10 hourly rate for work during school hours although R not entitled to payment. Respondents claimed not obliged to pay R but paid R $10 hourly rate as “gratuity” to cover R’s transport and clothing expenses. R also employed at respondents during school holidays and respondents paid R $12 hourly rate. Applicant engaged at respondents as employee with full rights when R left school for another three months before employment terminated.;AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY - COMPLIANCE ORDER: Respondents did not provide R’s wage and time records as requested by applicant and applicant based calculations on applicant’s evidence therefore including respondent’s “gratuity” payments. Based on Authority’s jurisdiction in equity and good conscience, more accurate to conclude R’s income lower than applicant claimed as gratuity" payments should be excluded from calculations. Respondent to pay applicant $302 arrears of holiday pay." |
| Result | Application partially granted ; Arrears of wages ($302.43) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | Education Act 1989 s71(4);ERA s137;ERA s157(3);ERA s224 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_376.pdf [pdf 96 KB] |