| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 107 |
| Hearing date | 4-Jul-16 |
| Determination date | 11 July 2016 |
| Member | David Appleton |
| Representation | G Kelly ; K Cullingford |
| Location | Christchurch |
| Parties | Labour Inspector v Springas Ent Ltd |
| Summary | PENALTY - Applicant sought penalty for breach of bargaining conditions for individual employment agreement (“EA”), respondent’s failure to retain signed copy of EA, respondent’s incorrect calculation holiday pay for leave taken in advance and respondent’s failure to provide holiday and leave records - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay |
| Abstract | AUTHORITY FOUND -PENALTY: No breach of bargaining conditions by respondent. Employees failed to return signed copy of EA to respondent. More evidence required to prove respondent incorrectly calculated holiday pay for leave taken in advance. Obligation to keep and provide holiday and leave records lay with respondent not the payroll provider. Respondent should have requested records from payroll provider. $1,000 penalty appropriate for failing to provide holiday and leave records.ARREARS OF HOLIDAY PAY: Respondent to pay applicant $2 arrears of holiday pay. |
| Result | Applications granted ; Penalty ($1,000)(payable to Crown) ; Arrears of holiday pay ($2.70) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s63A - ERA s63A(2) - ERA s64 - ERA s64(1) - ERA s64(2) - ERA s64 - ERA s130 - ERA s135 - ERA s135(4A) - ERA s223D - ERA s229(3) - Holidays Act 2003 s22 - Holidays Act 2003 s49 - Holidays Act 2003 s50 - Holidays Act 2003 s56 - Holidays Act 2003 s81 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Christchurch_107.pdf [pdf 210 KB] |