| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 273/04 |
| Hearing date | 11 Feb 2004 - 12 Feb 2004 (2 days) |
| Determination date | 30 August 2004 |
| Member | L Robinson |
| Representation | R Denmead, S Barter ; C Granville |
| Location | Auckland |
| Parties | Milne (Labour Inspector) v Colourstory Ltd and Anor |
| Other Parties | Hotham |
| Summary | ARREARS OF HOLIDAY PAY - Employee made redundant due to sale of business - Respondent refused to pay alleged arrears of holiday pay - Employee's evidence preferred - Annual leave not taken during employment - Onus on respondent to ensure leave taken - Nothing in nature of business or scope of employee's authority that relieved respondent from obligation - Employers could not relieve themselves of statutory obligations by purporting to divest the arrangements for those obligations to employees - No evidence of steps by respondent to fix times for employee to take leave - Respondent failed to allow employee annual leave as required by s12 Holidays Act 1981 - Arrears of holiday pay plus interest due and owing - Liability limited to period from six years before filing date until date of termination of employment - RECOVERY OF MONIES - Counterclaim by respondent for losses due to personal telephone use, intentional manipulation of final stock-take, intentional delay of delivery of goods, and purchase of customer gifts against express instructions dismissed as unsupported by the evidence - Monies for personal postage due and owing - General manager |
| Result | Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($13,291.67) ; Interest (7.5%) ; Application granted in part (Counterclaim) ; Other monies ($82.62)(Personal postage) ; Filing fee in favour of applicant ($70) ; Costs reserved |
| Statutes | ERA s142;ERA s229;Holidays Act 1981 s11;Holidays Act 1981 s12;Holidays Act 1981 s12(1);Holidays Act 1981 s12(1A);Holidays Act 1981 s13;Holidays Act 1981 s31;Holidays Act 1981 s34;Holidays Act 1981 s131(1);Holidays Act 1981 s132;Limitation Act s4(1) |
| Cases Cited | Marine Helicopters Limited v Stevenson [1996] 1 ERNZ 472;Napier Aero Club Inc v Taylor [1998] 1 ERNZ 241;Roche v Urgent Medical Services Home Care Ltd [1999] 2 ERNZ 788 |
| Number of Pages | 15 |
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