| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 228 |
| Hearing date | 12 Apr 2013 |
| Determination date | 06 June 2013 |
| Member | J Crichton |
| Representation | J Crichton (in person) ; no appearance |
| Location | Auckland |
| Parties | McLeod v Te Apiti Trust |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant’s entitlement to pay for public holidays, alternative holidays, sick leave and bereavement leave should be calculated using average daily pay – Whether applicant entitled to back-pay allowance for sleepovers performed – No appearance for respondent – Residential caregiver |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant’s daily pay varied. Wage, time and holiday records sought by applicant not provided. Applicant entitled to pay for public holidays, alternative holidays, sick leave and bereavement leave calculated using average daily pay. Schedule of entitlements to back-pay allowance accurately represented applicant’s entitlement under Sleepover Wages (Settlement) (Te Apiti Trust) Order 2012 but applicant’s claim for back-pay allowance made after cut-off date. Back-pay claim could not be considered. Respondent to pay applicant $2,971 arrears of wages and holiday pay. |
| Result | Application partially granted ; Arrears of wages and holiday pay ($2,971.94) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;Holidays Act 2003 s9;Holidays Act 2003 s9(1);Holidays Act 2003 s9A;Holidays Act 2003 s82;Sleepover Wages (Settlement) Act 2011;Sleepover Wages (Settlement) Act 2011 s10;Sleepover Wages (Settlement) (Te Apiti Trust) Order 2012;Wages Protection Act 1983 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_228.pdf [pdf 144 KB] |