Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 294/04
Hearing date 14 Sep 2004
Determination date 14 September 2004
Member L Robinson
Representation R Adams (in person) ; S Coyle
Location Auckland
Parties Adams v Coyle Contracting Services Ltd
Summary ARREARS OF WAGES - Applicant failed to return to work after found in unauthorised possession of property from worksite - Respondent deducted one week's pay from final wages for failure to give notice and failed to pay holiday pay until five weeks after employment ended - Respondent entitled to consider applicant abandoned employment - Deduction of one week's pay for failure to give notice permitted under employment agreement - No jurisdiction to award compensation for late payment of holiday pay - Compensation awards restricted to personal grievance claims - PENALTY - Penalty awarded for failure to pay holiday pay due on termination of employment - Ground steward/driver
Result Application dismissed (Arrears and compensation) ; Application granted (Penalty) ; Penalty awarded ($500)($250 in favour of applicant ; $250 in favour of Crown) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
Statutes Holidays Act 2003 s27;Holidays Act 2003 s75;Wages Protection Act 1983 s4
Number of Pages 6
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