Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 93/04
Hearing date 15 Mar 2004
Determination date 15 March 2004
Member V Campbell
Representation P Skelton ; J Latimer
Location Auckland
Parties Johnson v Prism Group Holdings
Summary ARREARS OF HOLIDAY PAY - Urgent interim determination of holiday pay - Substantive application concerned whether purported variation to employment agreement enforceable - Claimed payment for 66 days annual leave outstanding - Accepted any holiday pay found to be properly owing should have been paid - Respondent submitted $20,000 paid to applicant in part payment of monies outstanding including holiday pay - Purpose of $20,000 payment inextricably linked to whether purported variation enforceable - Authority unable to determine quantum of applicant's holiday pay until substantive application resolved - Managing director and chief executive officer
Result Quantum reserved ; No order for costs
Statutes Holidays Act 1981 s12;Holidays Act 1981 s12(1A);Holidays Act 1981 s13;Holidays Act 1981 s31
Cases Cited Burns v Radio Pacific Ltd [1998] 3 ERNZ 559;Marine Helicopters Ltd v Stevenson [1996] 1 ERNZ 472;Napier Aero Club Inc v Tayler [1998] 1 ERNZ 241
Number of Pages 7
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