| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 88 |
| Hearing date | 26 Jun 2013 |
| Determination date | 19 July 2013 |
| Member | G J Wood |
| Representation | P Gillespie ; G Ballara |
| Location | Wellington |
| Parties | Hanlon v Netcentric Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - Applicant resigned to take up new job – Applicant submitted weekly time records - Detail in applicant’s time records diminished - Respondent refused to pay holiday pay – PENALTY – Applicant sought penalties for respondent’s failure to keep accurate holiday records, provide access to holiday records and breach of good faith – BREACH OF CONTRACT – Applicant claimed respondent failed to provide contractually mandated opportunity to obtain performance incentive - Whether reviews carried out fortnightly – RECOVERY OF MONIES – Applicant sought recovery of monies for value of hard drives retained by respondent - Technical support engineer |
| Abstract | AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY: Errors in timesheets corrected by respondent to applicant’s advantage. Clear respondent failed to keep adequate holiday and leave records after associated company ceased to have responsibility. Respondent to pay applicant $5,778 arrears of holiday pay. Interest payable.;PENALTY: Only Labour Inspector able to seek penalty for breach of Holidays Act 2003. Good faith does not succeed termination of employment. No Penalty.;BREACH OF CONTRACT: Valid concerns about applicant’s behaviour. Concerns meant applicant never considered for performance incentive payment. Performance concerns raised with applicant. No breach of contract.;RECOVERY OF MONIES: Applicant could locate and retrieve hard drives at any time. No recovery of monies. |
| Result | Application granted (arrears of holiday pay) ; Applications declined (penalty)(breach of contract)(recovery of monies) ; Arrears of holiday pay ($5,778.75) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s81 - Holidays Act 2003 s82 - Holidays Act 2003 s83 - Holidays Act 2003 s93 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Wellington_88.pdf [pdf 103 KB] |