| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 126 |
| Hearing date | 7-Dec-17 |
| Determination date | 07 December 2017 |
| Member | T MacKinnon |
| Representation | K Gallagher (in person) ; no appearance |
| Location | Wellington |
| Parties | Gallagher v Capital Osteopaths Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – PENALTY – Applicant sought penalty for respondent’s failure to communicate and provide wage and time and holiday and leave records – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $885 arrears of holiday pay.;PENALTY: Respondent failed to respond to applicant’s requests or pay holiday pay due on termination. Applicant put under considerable stress by respondent’s failure to comply with statutory obligations. $4000 penalty appropriate. |
| Result | Applications granted ; Arrears of holiday pay ($885.81) ; Penalty ($2,000)(Payable to applicant)($2,000)(Payable to Crown) ; Disbursement in favour of applicant ($71.56) |
| Main Category | Penalty |
| Cases Cited | Boorsboom v Preet PVT Ltd [2016] NZEmpC 143 |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Wellington_126.pdf [pdf 26 KB] |