| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 6 |
| Determination date | 10 January 2018 |
| Member | R Larmer |
| Representation | M Swarbrick ; S Dench |
| Location | Auckland |
| Parties | Hayton v Possum Bourne Motor Sport 2015 Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay |
| Abstract | AUTHORITY FOUND - ARREARS OF HOLIDAY PAY: Applicant’s holiday paid accrued under old owner of business (SML). Business recently purchased by respondent. Sale and Purchase Agreement included obligation for respondent to take on existing holiday pay liabilities. SML went into liquidation. Respondent already paid SML holiday pay obligations as required by liquidator. Authority found no evidence to suggest applicant’s employment transferred from SML to respondent with employment being recognised as continuous for holiday pay purposes. No contractual obligation directly between respondent and applicant that respondent would pay holiday pay owing under SML. No arrears of wages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s16 ; Companies Act 1993 s253 ; Companies Act 1993 s292 ; Companies Act 1993 Seventh Schedule |
| Number of Pages | 8 |
| PDF File Link: | 2018_NZERA_Auckland_6.pdf [pdf 155 KB] |