| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 22 |
| Determination date | 23 February 2015 |
| Member | D Appleton |
| Representation | K Baldwin (in person) ; no appearance |
| Parties | Baldwin (Labour Inspector) v Beirne |
| Summary | ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay on behalf of respondents' former employee (E") - PENALTY - Applicant sought penalty for respondents' failure to comply with improvement notice and breach of Holidays Act 2003 - Improvement notice required respondents to produce time, wage and leave records as well as copy of E's employment agreement - No appearance for respondents - Catering assistant" |
| Abstract | AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: E not paid for bereavement leave taken or for some sick leave taken. E not paid total holiday pay entitlement. Respondents to pay applicant $6,348 arrears of holiday pay. Interest payable.;PENALTY: Improvement notice defective as did not identify statutory provision in question properly. No penalty for breach of improvement notice. History of prevarication and non-cooperation in respondents' dealings with applicant. Respondents' failures deliberate. Failure to pay holiday pay serious breach of Holidays Act 2003. $2,500 penalty for failure to pay holiday pay appropriate. $500 penalty for failure to pay final holiday pay appropriate. $1,000 penalty for failure to pay sick and bereavement leave appropriate. $4,000 total penalty appropriate. |
| Result | Applications granted ; Arrears of holiday pay ($6,348.42) ; Interest (5%) ; Penalty ($1,000)(payable to applicant)($3,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA s131;ERA s223D;ERA s223D(2);ERA s223F;ERA s229;ERA s229(1)(d);ERA Second Schedule cl11;Holidays Act 2003;Holidays Act 2003 Part 2;Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s62;Holidays Act 2003 s63;Holidays Act 2003 s75;Holidays Act 2003 s76;Holidays Act 2003 s77;Holidays Act 2003 s84;Judicature Act 1908 s87;Judicature (Prescribed Rate of Interest) Order 2011 r4 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_22.pdf [pdf 192 KB] |