| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 160/04 |
| Determination date | 06 May 2004 |
| Member | R A Monaghan |
| Representation | S Mitchell ; M Thomas |
| Location | Auckland |
| Parties | Moverley and Anor v Real Estate Institute of New Zealand Incorporated |
| Other Parties | McAneaney |
| Summary | ARREARS OF WAGES - Alleged non-payment of total superannuation contributions - Applicants made redundant - Whether redundancy compensation and final holiday pay included in contributions to superannuation scheme - Redundancy compensation not wages or salary as defined in superannuation trust deed - Compensation amounted to special payment - Not entitled to include payment in superannuation contribution - Alleged holiday pay contribution already paid as built in component in salary contributions - Holiday pay could not be included as built in component of salary contributions - No previous contribution made in respect of holiday pay - Applicants entitled to outstanding amount |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | Holidays Act 1981 s13;Holidays Act 1981 s22 |
| Cases Cited | Aviation & Marine Engineers Association Inc and Ors v Pacifica Shipping (1985) Ltd unreported, Colgan J, 16 April 2004, AC 23/04;Re New Zealand Seafarers' Union Retirement and Welfare Plans [1996] 1 ERNZ 259 |
| Number of Pages | 5 |
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