| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 248 |
| Hearing date | 7 Nov 2012 |
| Determination date | 12 November 2012 |
| Member | M B Loftus |
| Representation | S Winter (in person) ; B Gunst |
| Location | Queenstown |
| Parties | Winter v Brickworx Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Authority found respondent not entitled to make deduction from applicant’s holiday pay for alleged damage caused by applicant – Respondent to pay applicant $2,815 arrears of holiday pay |
| Abstract | Applicant sought $2,815 arrears of holiday pay. Respondent denied arrears of holiday pay outstanding and claimed applicant had already received holiday pay as included in wages. Respondent claimed alternatively entitled to withhold any arrears of holiday pay as reimbursement for damage caused by applicant operating competing business during work hours while employed by respondent. Applicant told respondent was resigning before working on building site for customer (“X”) who was previously client of respondent. Applicant was using respondent’s equipment on site to do work. Applicant claimed respondent discovered applicant working for X, arrived at site and dismissed applicant. Respondent claimed applicant abandoned employment.;AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY: Authority noted respondent correctly cited as applicant’s employer. Respondent not entitled to make deduction from applicant’s holiday pay for alleged damage. Whether or not parties agreed to ‘pay as you go’ arrangement, arrangement not compliant with Holidays Act 2003. Applicant entitled to money sought. Respondent to pay applicant $2,815 arrears of holiday pay. |
| Result | Application granted ; Arrears of holiday pay ($2,815.37) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s16;Holidays Act 2003 s28(1);Holidays Act 2003 s65(1)(a);Holidays Act 2003 s86;Summary Proceedings Act 1957 s103;Wages Protection Act 1983 s5;Wages Protection Act 1983 s6;Wages Protection Act 1983 s87(1)(b);Wages Protection Act 1983 s88(3)(a) |
| Cases Cited | Bourne v Real Journeys Ltd (2011) 8 NZELR 735 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_248.pdf [pdf 154 KB] |