| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 573 |
| Hearing date | 17 Oct 2013;30 Oct 2013 |
| Determination date | 13 December 2013 |
| Member | E Robinson |
| Representation | D Howe ; Y Graham |
| Location | Auckland |
| Parties | Minter v Papatoetoe Funeral Cottage Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant transferred employment to respondent – Whether applicant issued with new employment agreement providing for salary reduction – Applicant resigned – Whether respondent paid for notice period – Applicant sought unpaid annual leave – Whether applicant paid time and a half and given alternative day off for public holidays worked – Mortuary Assistant/Embalmer |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: No break in applicant’s employment. Applicant employed on original employment agreement. Respondent unable to provide signed copy of new employment agreement. Original employment agreement relevant agreement for purposes of assessing applicant’s claims. No change to applicant’s gross pay entitlement during employment. Respondent’s wage records indicated inconsistent salary figure. Respondent deducted more PAYE than was paid to IRD. Respondent made unlawful deductions from applicant’s salary. Leave reserved for respondent to return to Authority for recalculation of amount in event Inland Revenue Department confirmed PAYE received from respondent different to applicant’s figures. Applicant received payment for three weeks of notice period in advance. One week of notice period unpaid. Respondent failed to provide holiday and leave records. Applicant not paid full annual leave entitlement. Respondent withheld payment for 13 public holidays worked. Respondent to pay applicant $21,206 (gross) and $1,142 (net) arrears of wages. Interest payable. Respondent to pay applicant $4,036 arrears of wages and holiday pay and $11,695 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($21,206)(gross)($1,142.48)(net) ; Interest (5%) ; Arrears of wages and holiday pay ($4,036.50) ; Arrears of holiday pay ($11,695.50) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA s4(1A)(c);ERA s65;ERA s103;ERA Second Schedule cl11;Holidays Act 2003;Holidays Act 2003 s50(1)(a);Holidays Act 2003 s80(1);Holidays Act 2003 s81;Holidays Act 2003 s81(1);Holidays Act 2003 s81(2);Holidays Act 2003 s82;Holidays Act 2003 s83;Judicature Act 1908;Judicature (Prescribed Rate of Interest) Order 2011;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Auckland_573.pdf [pdf 267 KB] |