| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 326/06 |
| Hearing date | 24 Oct 2006 |
| Determination date | 25 October 2006 |
| Member | M Urlich |
| Representation | J Robinson ; no appearance |
| Location | Auckland |
| Parties | Robinson (Labour Inspector) v Hine |
| Summary | ARREARS OF WAGES - Applicant Labour Inspector sought to recover two days sick leave entitlement on behalf of employee - Medical certificate provided at request of respondent - Sick leave not paid and matter referred to Labour Inspectorate - No appearance by respondent - No written employment agreement - Authority accepted applicant's unchallenged evidence - Applicant entitled to sick leave - Interest 7 percent - PENALTY - Respondent's failure to pay sick leave deliberate - Penalty appropriate - Applicant also sought penalty for failure to provide written agreement - Penalty declined as respondent not put on notice of claim - COSTS - Respondent to reimburse applicant for filing fee - Reasonable to recover full costs incurred in engaging service agent - Authority directed applicant to arrange personal service of investigation meeting notice on respondent - Legal secretary |
| Result | Application granted ; Arrears of wages ($250)(Sick leave) ; Penalty ($250)(Payable to Crown) ; Interest (7%) Costs in favour of applicant ($108.17) ; Disbursements in favour of applicant ($70)(filing fee) |
| Statutes | Holidays Act 2003 s75(2)(d);Holidays Act 2003 s84(2);ERA s 65 |
| Number of Pages | 2 |
| PDF File Link: | aa 326_06.pdf [pdf 20 KB] |