| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 278/04 |
| Hearing date | 23 Aug 2004 |
| Determination date | 01 September 2004 |
| Member | V Campbell |
| Representation | G Lloyd ; P Henley |
| Location | Auckland |
| Parties | Jessup (Labour Inspector) v Bakehouse Investments 2000 Ltd t/a Westside Bakehouse |
| Summary | ARREARS OF HOLIDAY PAY - Whether two day's pay attributed to annual leave should have been special leave - Applicant suffered ill-health which required regular checkups - Two days taken off to attend specialists were paid as annual leave - Applicant resigned without notice - Asked to be reimbursed for the two days taken as annual leave and that those days be attributed to special leave entitlement - Sought declaration that leave taken was special leave - Health related reasons which qualified her for special leave - Failed to provide notice as required - Monies owed to be off-set with application of forfeiture clause in employment agreement regarding notice - PENALTY - Genuinely held but mistaken belief caused failure to pay annual leave - Moderate penalty appropriate - COSTS - Inspectorate entitled to be reimbursed for filing fee |
| Result | Application granted ; Orders accordingly ; Penalty ($100)(Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | Holidays Act 1981 s30A(2) |
| Cases Cited | Kelcold Ltd v O'Brien [1999] 2 ERNZ 70;Maloney v St Helens Industrial Co-operative Society Ltd [1933] 1 KB 293;Ruapehu District Council v Northern Local Government Officers Union unreported, Castle J, 16 November 1992, WEC 54/92 |
| Number of Pages | 5 |
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