Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 213/04
Hearing date 15 Jun 2004
Determination date 22 June 2004
Member M Urlich
Representation C Jessup (In person) ; No appearance
Location Auckland
Parties Jessup (Labour Inspector) v Easyframe Ltd
Summary ARREARS OF HOLIDAY PAY - No appearance for respondent - Application to recover holiday pay owing to two employees - Respondent agreed that monies would be paid - Statement of reply stated monies unpaid because employees not willing to work over period of time - Monies due and owing - Interest 6.5 percent - PENALTY - Respondent failed to honour agreement to pay - Failed to attend mediation as directed - Advanced unsustainable arguments to support failure to pay - No evidence respondent unable to pay - Penalty warranted - COSTS - Applicant entitled to recover filing fee - Hammer man and fabricator/erector
Result Application granted ; Arrears of holiday pay ($1,192) ; Interest (6.5 percent) ; Penalty in favour of Crown ($1,000) ; Filing fee ($70)
Statutes Holidays Act 1981 s21(2);Holidays Act 1981 s34
Number of Pages 4
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