| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 74/06 |
| Hearing date | 6 Dec 2005 |
| Determination date | 13 March 2006 |
| Member | K J Anderson |
| Representation | BG Morrow (in person) ; W Towers, T Green, C Thomas |
| Location | Auckland |
| Parties | Morrow v Hamilton City Bowling Club Inc |
| Summary | ARREARS OF HOLIDAY PAY - Mediated settlement between parties provided that applicant was to contact Labour Inspector to finalise outstanding entitlements regarding holiday pay - Labour Inspector concluded that applicant entitled to 71 days of annual leave and 41 days in lieu for working on public holidays - Respondent disputed Labour Inspector's conclusion - Fault in Labour Inspector's addition meant that 71 days should have been 62 days - Authority accepted respondent's view that applicant retrospectively altered his diary in respect of 10 days annual leave applicant took - Respondent alleged that applicant not required to work on all public holidays in question - However applicant did work on those days and no evidence of respondent taking issue with that fact - Applicant entitled to payment for 41 days in lieu and 52 days annual leave - PENALTY - Applicant sought penalty for failure to keep wages and time record - Not appropriate to order penalty given nature of organisation (bowling club) - COUNTERCLAIM - Applicant to return wet weather clothing paid for by respondent - COSTS - Costs to lie where they fall because applicant did not come to proceedings with clean hands"" |
| Result | Application granted in part ; Arrears of holiday pay ($9,509.25) ; Counterclaim granted ; Orders accordingly ; No order for costs |
| Statutes | ERA s149 |
| Number of Pages | 4 |
| PDF File Link: | aa 74_06.pdf [pdf 21 KB] |