| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 185/04 |
| Hearing date | 12 May 2004 |
| Determination date | 27 May 2004 |
| Member | Y S Oldfield |
| Representation | C Hiscock (in person) ; H Campbell |
| Location | Auckland |
| Parties | Hiscock v The Profit Recovery Group NZ |
| Summary | ARREARS OF HOLIDAY PAY - Applicant on leave for 19 days due to illness and received full wage during that time - Whether 14 days annual leave used during that period - Applicant sought payment of outstanding holiday pay before going on extended leave - Applicant alleged respondent paid wages as gesture of goodwill during period off sick - Prevented from working due to sickness therefore not annual leave - No evidence of express arrangement regarding type of leave to be taken or basis of payment - No basis to conclude was agreement that annual leave be used in such way - In any case no consultation with employee as required by s12 Holidays Act - Paid leave should not have been treated as annual leave - Monies due and owing |
| Result | Application granted ; Arrears of holiday pay ($2,137.21) |
| Statutes | Holidays Act 1981 s12(2);Holidays Act 1981 s14 |
| Cases Cited | Inspector of Awards v Winstone (Northland) Ltd [1980] ACJ 127 |
| Number of Pages | 4 |
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