| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 42 |
| Determination date | 09 February 2015 |
| Member | E Robinson |
| Representation | A Howard (in person) ; R Upton |
| Parties | Howard v Mitre 10 (New Zealand) Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Deduction from final wages - Whether applicant overpaid salary - Settlement agreement (SA")" |
| Abstract | AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: No provision in SA allowed respondent to withhold part of applicant's holiday pay entitlement. Respondent had right under employment agreement (EA") to deduct any monies owed by applicant at date of termination. Respondent would have been entitled to deduct amount of applicant's salary paid in advance but no provision in SA provided for applicant to make any payment to respondent. Respondent should have been fully aware of implications of salary payment made to applicant when made settlement offer to applicant. SA constituted written variation to deductions clause in EA. Respondent to pay applicant $2,046 arrears of holiday pay." |
| Result | Application granted ; Arrears of holiday pay ($2,046.31) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s148A;ERA s148A(2);ERA s149;Holidays Act 2003;Holidays Act 2003 s14;Holidays Act 2003 s23;Holidays Act 2003 s23(2);Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Cases Cited | Electrical Union 2001 Inc v Mighty River Power Ltd [2013] NZEmpC 197, [2013] ERNZ 531 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_42.pdf [pdf 220 KB] |