| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 337 |
| Determination date | 05 August 2013 |
| Member | K J Anderson |
| Representation | S Langton ; K Beck |
| Parties | Howell v Zee Tags Ltd |
| Summary | PRACTICE AND PROCEDURE – Removal of matter – Matter removed to Employment Court |
| Abstract | Applicant (Mr Howell) employed by respondent (Zee Tags Ltd) as general manager. Applicant sought removal of matter to Employment Court (“EC”) on grounds important question of law likely to arise and matter of such nature and urgency that in public interest matter be removed. Applicant claimed incentive payment made after termination of applicant’s employment part of applicant’s gross earnings and applicant entitled to payment of holiday pay at 8 per cent of incentive payment. Respondent consented to removal application.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Matter not brought before Authority with urgency, so matter not of such nature and urgency that in public interest matter be removed. Whether incentive payment paid to employee under employment agreement after termination of employee’s employment included in definition of “gross earnings” under s14 Holidays Act 2003 important question of law likely to arise. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA Second Schedule cl11;Holidays Act 2003;Holidays Act 2003 s14;Holidays Act 2003 s14(a)(iv);Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s25(2) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_337.pdf [pdf 97 KB] |