| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 105/06 |
| 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 - Application by Labour Inspector on behalf of J - Investigation meeting also dealt with orders in respect of another employee who attended the investigation - Respondent objected to presence of employee and said he would have brought legal representative if he had known - Respondent was properly notified of investigation and given ample opportunity to prepare - Arrears of holiday pay due and owing - Respondent not entitled to withhold statutory entitlements because of unsubstantiated claim J worked elsewhere while on leave - Interest 8.5 percent - No written employment agreement - PENALTY - Failure to pay holiday pay warranted penalty under s75 Holidays Act 2003 - Respondent could not refuse to produce wage, time and leave records when requested because he felt aggrieved" by J's claim - Penalty for breach of s229(1)(c) Employment Relations Act 2000 - Labour Inspector sought maximum penalty for each breach but global penalty of $800 appropriate - Penalties not to compensate J for delay so full penalty payable to Crown - Length of service 11 months - Machinist" |
| Result | Arrears of holiday pay ($890.48) ; Interest 8.5 percent ($34.62) ; Penalty ($800)(Payable to Crown) ; Disbursements in favour of applicant ($70) |
| Statutes | ERA s75;ERA s229(1)(c);ERA Second Schedule cl11;Holidays Act 2003 s24;Holidays Act 2003 s25 |
| Number of Pages | 3 |
| PDF File Link: | aa 105_06.pdf [pdf 18 KB] |