| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 88/05 |
| Hearing date | 17 May 2005 |
| Determination date | 23 June 2005 |
| Member | J Crichton |
| Representation | D Hamilton (in person) ; A Lines |
| Location | Christchurch |
| Parties | Hamilton t/a Hamilton and Co v Lines (Labour Inspector) |
| Summary | DISPUTE - Objection by applicant to demand notice issued by labour inspector - Demand notice required payment to employee for special or sick leave, public holiday pay, and annual holiday pay - Alleged agreement between applicant and employee that usual hourly rate included holiday pay - No agreement existed - Employee did not condone payment of holiday pay as part of usual rate by failing to raise issue promptly with applicant - Employee made numerous attempts to raise issue - In light of Holidays Act 1981 and 2003 strongest possible evidence required of arrangements seeking to alter usual statutory formulae - In absence of established alteration usual rules in Holidays Act applied - No arguments raised by applicant in relation to public holiday pay or sick leave - Calculations made by labour inspector correct and all arrears due and owing - Employee advised to inform Accident Compensation Corporation of result given possible effect on accident compensation entitlements |
| Result | Objection to demand notice dismissed ; Arrears of holiday pay ($4,879.63 gross) ; Costs reserved |
| Statutes | ERA s224;Holidays Act 1981;Holidays Act 2003 |
| Number of Pages | 4 |
| PDF File Link: | ca 88_05.pdf [pdf 22 KB] |