| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 196 |
| Hearing date | 22 Apr 2013 - 23 Apr 2013 (2 days) |
| Determination date | 15 May 2013 |
| Member | P R Stapp |
| Representation | D Lohr ; E Spence |
| Location | Tauranga;Wellington |
| Parties | Advent Management Ltd v Smith (Labour Inspector) |
| Summary | PRACTICE AND PROCEDURE: Applicant objected to respondent’s improvement notice requiring applicant to pay respondent arrears of holiday pay - Employee worked four days per week - Whether existing agreement for employee to take holiday pay for fifth day |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: No written agreement between applicant and employee regarding holiday pay. No evidence applicant paid holiday pay each week. Objection to improvement notice dismissed. Appropriate to vary improvement notice to reflect one day holiday pay taken by employee. |
| Result | Application dismissed ; Orders made ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s223D – ERA s223E(3) - Holidays Act 2003 - Holidays Act 2003 s27(1)(b) |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_196.pdf [pdf 149 KB] |