| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 25 |
| Hearing date | 4 Mar 2014 |
| Determination date | 17 March 2014 |
| Member | G J Wood |
| Representation | N Papera ; I Kebbell |
| Location | Wellington |
| Parties | Papera v Supercare Wellington Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant's employment transferred to respondent under Part 6A Employment Relations Act 2000 (Part 6A") - Whether applicant owed arrears of wages for certain job, travel allowance and holidays in lieu of working on public holidays - Whether respondent liable for monies owed to applicant by previous employer" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Respondent not liable for obligations of previous employer not relating to untaken leave. Respondent required to recognise applicant's entitlement to any alternative holiday not taken or exchanged for payment at date applicant's employment transferred under Part 6A. Timesheets applicant claimed to have relating to work on public holidays not provided to Authority or respondent and no evidence applicant raised matters with previous employer or respondent. Applicant failed to establish claim for holidays in lieu of working public holidays. No arrears of wages and holiday pay. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA Part 6A;ERA s69J;ERA s69J(2);Holidays Act 2003;Holidays Act 2003 s61 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_25.pdf [pdf 226 KB] |