| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 138/01 |
| Hearing date | 18 Sep 2001 |
| Determination date | 21 September 2001 |
| Member | P R Stapp |
| Representation | A Laird (Applicant in person) ; M Griffen |
| Location | Auckland |
| Parties | Laird v Armadillo Restaurants (Auckland) Ltd |
| Summary | JURISDICTION - Whether employee - Alleged applicant was to purchase respondent - Alleged worked for purpose of buying respondent - Credibility - Applicant's evidence preferred - Evidence of job offer and salary - Employee - ARREARS OF WAGES AND HOLIDAY - Alleged non-payment of holiday pay and statutory holidays worked - Alleged illegal deduction of wages - Deduction for days off without authority - Deducted from holiday pay - Deduction unlawful - Failure to pay for statutory holidays established - Unreasonable withheld holiday pay - Days taken without authority to be treated as holidays taken in advance - Amount to be deducted from overall calculation - Arrears due and owing - PENALTY - Penalty sought for illegal deductions - Deductions to be treated as holiday taken in advance - No penalty warranted |
| Result | Application granted ; Arrears of wages ($240.64) ; Arrears of holiday pay ($1,453.74) ; No order for costs |
| Statutes | Holidays Act 1981 s21(5);Wagesï¾ Protection Act 1983 |
| Number of Pages | 5 |
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