| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 89/05 |
| Hearing date | 4 Mar 2005 |
| Determination date | 09 March 2005 |
| Member | J Scott |
| Representation | R Yeleswaram (in person) ; A Sarsfield |
| Location | Auckland |
| Parties | Yeleswaram (Labour Inspector) v Brentor Holdings Ltd t/a Captains Casino |
| Summary | ARREARS OF HOLIDAY PAY - Application by Labour Inspector on behalf of C - No wages and time record - Alleged C only took two weeks annual leave for each of first three years of employment - Respondent alleged C received cash payments to compensate him for third week of annual leave - No evidence of cash payments - Cash payments would not satisfy purpose of Holidays Act 1981 - Applicant also sought difference between annual leave accrued and leave taken during last 11 months of employment, and payment for days in lieu entitled to for working statutory holidays - Arrears owing - Deduction of $500 to recognise debt owed by C to respondent - PENALTY - Penalty for failure to keep wages and time record - COSTS - Respondent to pay applicant $500 to reimburse Department of Labour for costs - Bar worker |
| Result | Application granted ; Arrears of holiday pay ($3,728.41) ; Penalty ($1,000)(payable to Crown) ; Costs in favour of applicant ($500) |
| Statutes | ERA s130;ERA s130(4);ERA s131;ERA s133;ERA s135;Holidays Act 1981 s7A;Holidays Act 1981 s11 |
| Number of Pages | 4 |
| PDF File Link: | aa 89_05.pdf [pdf 19 KB] |