| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 221/06 |
| Hearing date | 22 Jun 2006 |
| Determination date | 27 June 2006 |
| Member | V Campbell |
| Representation | M Horn ; C Leggett |
| Location | Auckland |
| Parties | Horn (Labour Inspector) v Leggett Family Partnership |
| Summary | ARREARS OF HOLIDAY PAY - Applicant labour inspector sought holiday pay, interest and costs - No written employment agreement - Employee (IZ") worked on respondent farm - Employment relationship ended when IZ and farm owner married - Claimed did not receive holiday pay - IZ continued to be paid during off-season in April/May - Authority satisfied IZ received full annual leave entitlement - IZ claimed was not paid out alternative holidays - No evidence parties agreed payment during off-season constituted payment for alternative holidays - Doubtful agreement would have met requirements of Holidays Act 2003 as off-season not time IZ would otherwise have worked - IZ entitled to be paid for alternative holidays - Respondent asked that holiday pay be off-set with unpaid share of cruise and board and lodging - Not bound to contribute to cruise taken as part of personal relationship - Employment agreement varied to allow IZ free board and lodging in return for cooking meals - Holiday pay due and owing - Farm worker" |
| Result | Application granted ; Orders accordingly ; Arrears of holiday pay ($2,129.08)(31 days)(Alternative holiday) ; Disbursements in favour of applicant (filing fee)($70) ; No order for costs |
| Statutes | Holidays Act 1981, Holidays Act 2003 |
| Cases Cited | Drake Personnel (New Zealand) Ltd v Taylor [1996] 1 ERNZ 324;New Zealand Professional Firefighters Union v The Chief Executive of the New Zealand Fire Service [2005] ERNZ 645 |
| Number of Pages | 5 |
| PDF File Link: | aa 221_06.pdf [pdf 59 KB] |