| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 167 |
| Hearing date | 12 & 13 May 2016 (2 days) |
| Determination date | 27 May 2016 |
| Member | Tania Tetitaha |
| Representation | C Rowe ; C Martin |
| Location | Whangarei |
| Parties | Watkins v Insite Security & Investigation Services Ltd |
| Summary | ARREARS OF HOLIDAY PAY– Applicant sought arrears of holiday pay – Pay as you go holiday pay – PENALTY – Applicant sought penalty for failure to pay holiday pay correctly – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY: Applicant did not agree to pay as you go system. Respondent not entitled to pay holiday pay with applicant’s pay. Respondent failed to pay alternative holidays worked by applicant. Respondent to pay applicant $21,885 arrears of holiday pay. No interest.;PENALTY: Breach serious but had little impact on applicant. Applicant never required holidays. Breach unintentional. Evidence showed breach stemmed from incorrect accounting advice. No penalty.;COSTS: Three day investigation meeting. Appropriate to decrease notional daily tariff to reflect applicant’s late introduction of issues. Respondent to pay applicant $3,500 contribution to costs. |
| Result | Application granted (arrears of holiday pay) ; Arrears of holiday pay ($21,885.12) ; Application dismissed (penalty) ; Costs in favour of applicant ($3,500) |
| Main Category | Arrears |
| Statutes | ERA s6(3);ERA s131;ERA s131(1A);ERA s133(1)(a);ERA s133(1)(b);Holidays Act 2003 s2;Holidays Act 2003 s14;Holidays Act 2003 s21;Holidays Act 2003 s25;Holidays Act 2003 s28;Holidays Act 2003 s28(4);Holidays Act 2003 s43(a);Holidays Act 2003 s56(1);Holidays Act 2003 s56(2)(a);Holidays Act 2003 s56(3);Holidays Act 2003 s60(2)(b);Holidays Act 2003 s75;Holidays Act 2003 s84(2) |
| Cases Cited | Day v Mead [1987] 2 NZLR 443 (CA) ; Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 73 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_167.pdf [pdf 158 KB] |