| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 93 |
| Hearing date | 31-Mar-17 |
| Determination date | 31 March 2017 |
| Member | N Craig |
| Representation | J Hyuk Seo (in person) ; no appearance |
| Location | Auckland |
| Parties | Seo v Grandville Commercials Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – RECOVERY OF MONIES – Applicant sought recovery of expenses incurred on behalf of employer |
| Abstract | AUTHORITY FOUND – ARREARS OF HOLIDAY PAY: Parties reached verbal agreement that holiday pay would be paid on top of $18 hourly rate. Email from Director of respondent company sufficient to constitute signed variation to terms of employment agreement. Respondent to pay applicant $766 arrears of holiday pay. RECOVERY OF MONIES: Applicant claimed $59 for diesel he paid for on behalf of the company. Applicant entitled under the employment agreement to be reimbursed for his purchase. Respondent to pay applicant $59 recovery of monies. |
| Result | Applications granted ; Arrears of holiday pay ($766.41) ; Recovery of monies ($59) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Arrears |
| Statutes | ERA s174E Holidays Act 2003 s28 Holidays Act 2003 s28(1)(c) |
| Cases Cited | Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd [2016] EWCA Civ 396 |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Auckland_93.pdf [pdf 99 KB] |