| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 236A/06 |
| Hearing date | 21 Jul 2006 |
| Determination date | 06 September 2006 |
| Member | L Robinson |
| Representation | D France ; C Wright |
| Location | Auckland |
| Parties | Finnigan v Hanover Group Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of holiday pay if parties could not agree on sum - Parties unable to resolve issue - Respondent submitted sums owing under Deed of Settlement not subject to holiday pay - Argued were exceptional payments excluded from definition of average weekly earnings" - Also argued not payable under employment agreement so excluded from definition of "gross earnings", and as payments compensatory did not fall within purposes of Holidays Act 2003 - Bonus regarded as gross earnings and payable under employment agreement - Holiday pay payable on bonus - Other sums not remunerative elements or gross earnings as payment for service - Payments consideration for collateral contract which secured agreement for forbearance to sue in relation to contended personal grievance together with amicable departure - Payments not subject to holiday pay" |
| Result | Quantum specified ; Holiday pay owing ($6,250) ; No order for costs |
| Statutes | Holidays Act 2003 |
| Cases Cited | Probst v Hawkes Bay Network Ltd unreported, Shaw J, 4 December 2001, WC 47/01;Re New Zealand Seafarers' Union Retirement and Welfare Plans [1996] 1 ERNZ 259 |
| Number of Pages | 3 |
| PDF File Link: | aa 236a_06.pdf [pdf 23 KB] |