| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 106/06 |
| Hearing date | 24 Mar 2006 |
| Determination date | 03 April 2006 |
| Member | R Arthur |
| Representation | L Booker (in person) ; B Storey (in person) |
| Location | Auckland |
| Parties | Booker (Labour Inspector) v Storey t/a The Alteration Shop |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay on behalf of T - Investigation meeting also dealt with orders in respect of another employee - Respondent objected to presence of T and said he would have brought legal representative if he had known - Respondent was properly notified of investigation and given ample opportunity to prepare - No written employment agreement - Respondent did not dispute Labour Inspector's calculation of pay for holidays, public holidays and alternative holidays owed to T - Authority satisfied monies due and owing - Respondent not entitled to withhold statutory entitlements because he considered applicant did not provide sufficient notice of resignation - Deliberate withholding of T's statutory entitlements warranted award of interest at one per cent higher than 90-day bill rate - PENALTY - Respondent's deliberate and unacceptable failure to calculate and pay holiday pay owing to T, pay time-and-a-half for transferred public holidays, and pay for alternative holidays warranted penalties - Labour Inspector also applied for two separate penalties for failure to provide wages and time records and holiday and leave records when requested - To impose penalty under Holidays Act 2003 as well as Employment Relations Act 2000 would double up" for single act of refusal - Single penalty warranted - Labour Inspector's application for penalties made within 12 months of claim coming to Inspectorate's attention - Four statutory breaches would warrant penalty in range of $500-$1000 each - Global penalty of $1,200 warranted - Penalty payable to Crown because penalties were to punish respondent for breaking law not to compensate T for delay" |
| Result | Application granted ; Arrears of holiday pay ($2,896.44) ; Interest ($256.98)(8.5%) ; Penalty ($1,200)(payable to Crown) ; Filing fee in favour of applicant ($70) |
| Statutes | ERA s229(1)(c);ERA s229(1)(d);ERA Second Schedule cl11;Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s40(3);Holidays Act 2003 s60;Holidays Act 2003 s75;Holidays Act 2003 s75(2)(e) |
| Number of Pages | 4 |
| PDF File Link: | aa 106_06.pdf [pdf 22 KB] |