Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2015] NZERA Auckland 14
Hearing date 13 Jan 2015
Determination date 20 January 2015
Member J Crichton
Representation D Vinnicombe ; D Renwick
Location Auckland
Parties Anderson v Transmax Ltd
Summary ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Calculation of holiday pay due to applicant under parties' settlement agreement (SA") - COSTS - Applicant sought $3,500 contribution towards costs - Administrator"
Abstract AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: Authority accepted Labour Inspector's calculation of applicant's holiday pay entitlement. Respondent to pay applicant $5,562 arrears of holiday pay.;COSTS: Two half day investigation meetings. Respondent's refusal to allow applicant to remedy default in handover required by SA and refusal to make any proposal regarding holiday pay meant applicant had to start incurring legal costs to resolve matter. Respondent could have referred matter to Labour Inspector as required under SA. Respondent to pay applicant $3,500 contribution towards costs.
Result Application granted ; Arrears of holiday pay ($5,562.66) ; Costs in favour of applicant ($3,500)
Main Category Arrears
Statutes Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s26
Cases Cited Anderson v Transmax Ltd [2014] NZERA Auckland 317
Number of Pages 7
PDF File Link: 2015_NZERA_Auckland_14.pdf [pdf 148 KB]