| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 69/06 |
| Determination date | 12 May 2006 |
| Member | J Crichton |
| Representation | D Standring ; B Nathan |
| Location | Christchurch |
| Parties | Kimber v North Canterbury Salmon Farm Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Remedies – Substantive determination found applicant entitled to arrears of overtime and holiday pay – Calculation of actual amounts left to parties - Leave reserved to apply for further determination if necessary – No agreement reached – Reasonable estimate of weekly overtime 12 hours given respondent’s admission total weekly hours likely to be within industry range of 52-53 hours per week – Overtime entitlement 12 hours per week for 140 weeks - Leave records unavailable – Applicant entitled to payment for four weeks annual leave for each year covered by written employment agreement minus one week each year for estimated annual leave taken – Leave owing for period not covered by written agreement calculated on basis of three weeks annual leave per year minus one week per year for estimated leave taken – Likely that applicant not paid for all statutory holidays – In absence of evidence about number of days not paid for respondent to pay half of each year’s entitlement – COSTS – Two day investigation meeting - Applicant sought full reimbursement of total costs of $13,500 and disbursements of $220 – Higher than usual award appropriate to reflect respondent’s apparent unwillingness to respond to claim in timely way – Full solicitor/client costs not appropriate |
| Result | calculated ; Arrears of wages ($66,712.80)(Overtime) ; Arrears of holiday pay ($10,729)(Annual leave) ; ($6,988.08)(Statutory holidays) ; Costs in favour of applicant ($8,000) ; Disbursements ($220)(Filing fee and hearing fee) |
| Statutes | Holidays Act 2003 |
| Cases Cited | PBO Ltd v Da Cruz unreported, Colgan CJ, Travis, Shaw JJ, 9 December 2005, AC 2A/05 |
| Number of Pages | 6 |
| PDF File Link: | ca 69_06.pdf [pdf 31 KB] |