| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 209 |
| Hearing date | 27 Nov 2014 |
| Determination date | 15 December 2014 |
| Member | H Doyle |
| Representation | V Mitalas (in person) ; N Cameron |
| Location | Christchurch |
| Parties | Mitalas v Evan Cameron Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant claimed not paid relevant daily pay for statutory holidays - Sick pay - Respondent refused to allow applicant's return to work without medical clearance but did not pay sick leave - Respondent claimed applicant not entitled to holiday pay as notice not worked - Forfeiture of holiday pay |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicant paid less than relevant daily pay for statutory holidays. Applicant entitled to additional pay for statutory holidays. Applicant entitled to sick leave. Applicant attempted to work out notice but was not allowed to do so without medical clearance. Applicant entitled to final holiday pay. Respondent to pay applicant $676 arrears of wages and $996 arrears of holiday pay. |
| Result | Application granted; Arrears of wages ($676.20); Arrears of holiday pay ($966.40); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;Holidays Act 2003 s9;Holidays Act 2003 s9(1);Holidays Act 2003 s9(1) |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_209.pdf [pdf 173 KB] |