| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 46 |
| Hearing date | 26 Feb 2015 |
| Determination date | 14 April 2015 |
| Member | Christine Hickey |
| Representation | S E Trustrum (in person) ; J Foden |
| Parties | Trustrum v Shore Mariner Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether vehicle allowance included in gross earnings |
| Abstract | AUTHORITY FOUND –ARREARS OF HOLIDAY PAY: Vehicle allowance taxed and not excluded by s 114(a)(ii) Holidays Act 2003. Vehicle allowance intended to reimburse applicant for costs incurred by using own car. Costs reasonably assessed under s114(c)(ii). Vehicle allowance excluded from definition of gross earnings. No arrears of holiday pay. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s114;Holidays Act 2003 s114(a);Holidays Act 2003 (a)(ii);Holidays Act 2003 s114(b);Holidays Act 2003 s114(c);Holidays Act 2003 s114(c)(i);Holidays Act 2003 s114(c)(ii);Interpretation Act 1999 s5 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Christchurch_46.pdf [pdf 204 KB] |