| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 50 |
| Hearing date | 9 Apr 2014 |
| Determination date | 21 May 2014 |
| Member | M Ryan |
| Representation | M Malcolm (in person) ; C Relph |
| Location | Wellington |
| Parties | Malcolm v Platinum Property Trust and Anor |
| Other Parties | Portfolio Property Management Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first respondent before transferring to second respondent - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Written employment agreement supported conclusion applicant employed initially by Trust. Insufficient evidence applicant and first respondent had clear intention and agreement to enter into employment relationship. Applicant not employed by first respondent. Parties agreed applicant employed by second respondent at end of employment relationship. Applicant's employment transferred from Trust to second respondent soon after commencement of employment relationship. Applicant employed by second respondent.;ARREARS OF HOLIDAY PAY: Applicant entitled to payment of outstanding annual leave. Any annual leave accrued by applicant during employment with Trust transferred with applicant to second respondent. Second respondent to pay applicant $3,460 arrears of holiday pay. |
| Result | Applications granted ; Arrears of holiday pay ($3,460.79) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s131(1)(b);ERA s221(a) |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_50.pdf [pdf 163 KB] |