| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 281/06 |
| Hearing date | 1 Sep 2006 |
| Determination date | 05 September 2006 |
| Member | D King |
| Representation | G Jennings ; No appearance |
| Location | Auckland |
| Parties | Jennings v Rodney's Welding Shop Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid annual leave and reimbursement of wages deducted for purportedly unsatisfactory work - No appearance by respondent - At start of investigation meeting Authority informed company in liquidation - Authority support officer also told company no longer trading - Respondent still on companies register and no indication in liquidation - As respondent chose not appear, determination based on applicant's evidence - Holiday pay owing on termination of employment - Deductions illegal - Arrears due and owing - Interest 9.5 percent - PENALTY - Penalty appropriate for breach of Wages Protection Act 1983 - Only Labour Inspector could bring action to recover penalty for breach of s75 Holidays Act 2003 |
| Result | Application granted ; Arrears of wages ($225) ; Arrears of holiday pay ($527.58) ; Interest (9.5%) ; Penalty ($4,000)($2,000 payable to Crown, $2,000 payable to applicant) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s135(2);ERA s136;ERA Second Schedule;Holidays Act 2003;Holidays Act 2003 s27(1)(b);Holidays Act 2003 s27(2);Holidays Act 2003 s75;Holidays Act 2003 s76(1);Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act 1983 s6(2);Wages Protection Act 1983 s13 |
| Number of Pages | 3 |
| PDF File Link: | aa 281_06.pdf [pdf 48 KB] |