| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 48/05 |
| Determination date | 11 February 2005 |
| Member | A Dumbleton |
| Representation | D Parnell ; M O'Brien |
| Location | Auckland |
| Parties | Parnell and Ors v Fletcher Building Products Ltd |
| Other Parties | Espie, Archer |
| Summary | DISPUTE - Applicants had been made redundant – Whether employer's superannuation contributions should have been treated as “salary” when calculating redundancy payment – Intention of parties best shown in offer of employment letter – Superannuation not part of salary – Whether superannuation part of “gross earnings” for purposes of leave entitlements - Claims under Holidays Act 1981 – Superannuation payments an allowance and part of applicants’ gross earnings – Applicants were underpaid for untaken leave – Amounts due and owing – Interest 8 percent - Whether private use of car by third applicant part of salary – No claim with regard to notice period since used car during that time – Not part of “salary” for purposes of calculating redundancy payment – Not part of “gross remuneration” under Holidays Act for purposes of calculating untaken leave – Claim failed – Upon termination of third applicant’s employment respondent discharged obligations to him with regard to use of car – PENALTY – No penalty warranted |
| Result | Questions answered ; Monies owing (underpayment of untaken leave) ($1,380.96)(DP) ; $2,236.77)(DE) ; ($1,195.73)(PA) ; Costs to lie where they fall |
| Statutes | Holidays Act 1981 s3;Holidays Act 1981 s6 |
| Cases Cited | Stagg v Inland Revenue Commissioner [1959] NZLR 1252 |
| Number of Pages | 5 |
| PDF File Link: | aa 48_05.pdf [pdf 26 KB] |