| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 71/03 |
| Hearing date | 10 Mar 2003 |
| Determination date | 14 March 2003 |
| Member | J Scott |
| Representation | J Linstead ; No appearance |
| Location | Auckland |
| Parties | Khoshaba v Crown Personnel Ltd |
| Summary | ARREARS OF HOLIDAY PAY - No appearance for respondent - Holiday pay due and owing - Order sought to pursue director of respondent personally - No evidence that respondent in receivership - Evidence that director told Labour Inspector respondent had no assets - Labour Inspector authorised to bring action for recovery of holiday pay against director personally - PENALTY - Deliberate failure to provide wage and time records - Penalty warranted in respect of failure to provide documents and non-payment of holiday pay |
| Result | Application granted ; Arrears of holiday pay ($2,567.25) ; Interest (6.9 percent) ; Penalty ($300)(Wage and time records)(Labour Inspector) ; ($300)(Holiday pay)(Labour Inspector) ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s130;ERA s131;ERA s228;ERA s234;ERA s234(2);ERA Second Schedule cl12;Holidays Act 1981 s16;Holidays Act 1981 s21 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |