| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 5 |
| Hearing date | 10-Jan-17 |
| Determination date | 10 January 2017 |
| Member | R Larmer |
| Representation | KB van Tonder (in person) ; no appearance |
| Location | Auckland |
| Parties | van Tonder v Avalanche Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - JURISDICTION - Whether Authority had jurisdiction to award damages sought for respondent’s failure to attend mediation - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: Applicant owed arrears of holiday pay less advance on annual leave. Respondent to pay applicant $1,263 arrears of holiday pay. Interest payable.;JURISDICTION: No jurisdiction to award damages for applicant’s lost wages arising from respondent’s failure to attend mediation. |
| Result | Application granted (arrears of wages); Arrears of holiday pay ($1,263.04) ; Interest (5%) ; Application dismissed (jurisdiction) ; Disbursements in favour of applicant ($71.56) (filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 - Judicature Act 1908 s87(3) - Judicature (Prescribed Rate of Interest) Order 2011 r4 |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_5.pdf [pdf 98 KB] |