| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 159/04 |
| Determination date | 22 November 2004 |
| Member | D Asher |
| Representation | P McBride ; B Banks |
| Location | Wellington |
| Parties | B v H |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Settlement required respondent to undertake reconciliation of annual and sick leave records" to ensure correct final payment of annual leave - Also required to provide "positive" written reference - Thirty-six days sick leave allegedly taken in advance deducted from final payment of annual leave - Reference included phrases such as "performed duties to best of her ability" and "able to complete tasks when clearly briefed" - Settlement not agreement to deduction of sick leave "debt" from annual leave entitlement - Statutory and contractual obligations to pay outstanding holiday pay without deduction - Interest at 7% awarded on outstanding payment - Reference complied with settlement - Although not glowing reference was positive on plain reading and to extent allowed by author's sense of accuracy - UNJUSTIFIED DISADVANTAGE - PENALTY - No evidence to suggest respondent attempting to escape responsibilities under settlement - Acted on genuinely held belief concerning interpretation of settlement - Disadvantage and penalty claims not made out - Order prohibiting publication of details identifying parties" |
| Result | Application granted in part (Compliance order) ; Applications dismissed (Personal grievance and penalty) ; Interest on amount owed under settlement (7%) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s135(4);ERA s148(3);ERA s149;ERA Second Schedule cl10(2);ERA Second Schedule cl11;Holidays Act 2003 s25;Wages Protection Act 1983 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |