| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 107/05 |
| Hearing date | 19 Jul 2005 |
| Determination date | 05 August 2005 |
| Member | P Cheyne |
| Representation | D Beck ; D McKenzie |
| Location | Christchurch |
| Parties | McVicar v Harcourt |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Respondent admitted some monies due and owing - Claim for back pay rejected – Underpayment of wages – Monies due and owing - Holiday pay due and owing for statutory holidays worked - Applicant on ACC - Claim for respondent to pay first weeks wages on basis of work accident reserved to allow it to be determined whether was work accident - PENALTY – At best respondent turned a blind eye to obligations as employer by not keeping time and wage records and failing to provide written employment agreement – If had been a timely claim for penalty (under s135 ERA) one might have been imposed – However, issue raised too late for respondent to bring further evidence or attempt to resolve problem in light of risk penalty might be imposed – Also sought penalty under s4A ERA – Inconsistent with requirement of natural justice to allow applicant to initiate action for recovery of penalty against respondent at such a late stage in investigation |
| Result | Application granted (Arrears of wages) ; Arrears of wages ($3,310) ; Arrears of holiday pay ($2,693.83) ; Interest 9 percent ; Application dismissed (Penalty) ; Costs reserved |
| Statutes | ERA s4A;ERA s132;ERA s135;ERA s157(2);Employment Relations Amendment Act (No 2) 2004 s2;Employment Relations Amendment Act (No 2) 2004 s73(1);Holidays Act 2003 s23;Holidays Act 2003 s60(2)(b) |
| Number of Pages | 5 |
| PDF File Link: | ca 107_05.pdf [pdf 26 KB] |