| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 364 |
| Hearing date | 1 Aug 2013 |
| Determination date | 14 August 2013 |
| Member | J Crichton |
| Representation | K Gibbs ; G McLeod (in person) |
| Location | Auckland |
| Parties | Te Apiti Trust v McLeod |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Respondent sought arrears of wages and holiday pay in previous Authority investigation - Investigation re-opened - Previous determination calculated holiday pay on basis of average daily pay - New evidence from applicant suggested respondent's pay did not vary and therefore possible to calculate on basis of relevant daily pay instead of average daily pay - Previous determination found respondent not entitled to arrears of sleep-over wages - Respondent claimed treated differently from other staff |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY - New evidence not persuasive. Respondent's evidence preferred. Respondent's hours varied and previous determination correct in calculation. Applicant to pay respondent $2,971 arrears of holiday pay. Respondent not entitled to sleep-over wages. Previous determination maintained. No arrears of wages. |
| Result | Application dismissed; Arrears of holiday pay ($2,971.94); Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s9 - Holidays Act 2003 s9A - Sleep-Over Wages (Settlement) Act 2011 s10 |
| Cases Cited | McLeod v Te Apiti Trust [2013] NZERA Auckland 228;Te Apiti Trust v McLeod [2013] NZERA Auckland 335 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_364.pdf [pdf 147 KB] |