| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 68 |
| Determination date | 26 February 2014 |
| Member | A Fitzgibbon |
| Representation | A Reid, Labour Inspector (in person) ; K Hiatt |
| Parties | Reid, Labour Inspector v Rose Investments Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Demand Notice – Arrears of holiday pay – PENALTY – Applicant sought penalty for respondent’s failure to pay arrears of holiday pay – COSTS – Applicant sought contribution towards costs – Optical assistant |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent owed employee $794 arrears of holiday pay. Respondent did not comply with, or object to, Demand Notice. Compliance ordered. Interest payable.;PENALTY: Penalty not appropriate given relatively small amount involved and financial state of respondent’s business. No penalty.;COSTS: No investigation meeting. Respondent to pay applicant $250 contribution towards costs. |
| Result | Application granted (compliance order) ; Compliance ordered ; Interest (5%) ; Application dismissed (penalty) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | EAR r26;ERA s137;ERA s165;ERA s224;ERA s225;ERA Second Schedule cl11;ERA Second Schedule cl15;Holidays Act 2003;Holidays Act 2003 s75(1)(b);Holidays Act 2003 s75(2)(a);Holidays Act 2003 s84(2) |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_68.pdf [pdf 161 KB] |