| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 55 |
| Hearing date | 16 Apr 2013 |
| Determination date | 15 May 2013 |
| Member | P R Stapp |
| Representation | G Adams ; L Russell |
| Location | Ohakune |
| Parties | Howard's Lodge Ltd v Russell (Labour Inspector) |
| Summary | PRACTICE AND PROCEDURE – Applicant objected to respondent’s improvement notice requiring applicant to pay arrears of wages and holiday pay to employee – Whether employee entitled to payment for public holidays not worked and time and a half and days in lieu for public holidays worked – Two public holidays fell on Sunday – Whether holidays would otherwise have been working days – Whether improvement order should be varied – Improvement order expired – Bus driver |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Respondent reasonably believed applicant not complying with Holidays Act 2003. Requirement employee work seven days a week to be considered in terms of availability to work. Arrangements made to allow employee to not work on Christmas Day and Boxing Day. Employee would have worked Christmas Day and Boxing Day but for public holidays. No double dipping of holiday entitlements. Employee entitled to holiday pay for public holidays not worked and time and a half and days in lieu for work performed on public holidays that were otherwise working days. Objection to improvement notice dismissed. Appropriate to vary improvement notice. Corrections to sums permitted. |
| Result | Application dismissed ; Orders made ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s223D;ERA s223E;ERA s223E(2);Holidays Act 2003;Holidays Act 2003 s44(1)(a);Holidays Act 2003 s44(1)(b);Holidays Act 2003 s44(1)(c);Holidays Act 2003 s44(1)(d);Holidays Act 2003 s45;Holidays Act 2003 s45(1)(c);Holidays Act 2003 s45(1)(d);Holidays Act 2003 s48;Holidays Act 2003 s49 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Wellington_55.pdf [pdf 210 KB] |