| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 79/04 |
| Hearing date | 4 Mar 2004 |
| Determination date | 08 March 2004 |
| Member | L Robinson |
| Representation | CK Jessup (Applicant in person) ; A Holdgate |
| Location | Auckland |
| Parties | Jessup (Labour Inspector) v JR Construction Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Alleged non-payment of holiday pay - Respondent admitted arrears but submitted no monies owing because of failure to give adequate notice - No written employment agreement - Respondent not entitled to make deductions from final wages - Arrears due and owing - Counterclaim - No notice of counterclaim for alleged ACC overpayment - Authority not inclined to entertain counterclaim - PENALTY - Penalty for failure to produce all wage, time and holiday records as required - Penalty for failure to have written employment agreement |
| Result | Application granted ; Arrears of holiday pay ($536.56) ; Interest (7.5 percent) ; Penalty ($500)(Breach of s21 Holidays Act 1981)($250 to applicant)($250 to Crown) ; Penalty ($500)(Breach of s229 ERA)(Payable to Crown) ; Penalty (Breach of s64 ERA)($300)(Payable to applicant); Filing fee in favour of applicant ($70) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s228;ERA s229(3);Holidays Act 1981 s21(2);Holidays Act 1981 s34;Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |