| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 327/06 |
| Hearing date | 18 Oct 2006 |
| Determination date | 26 October 2006 |
| Member | V Campbell |
| Representation | M Horn (in person) ; M Mulligan |
| Location | Auckland |
| Parties | Horn (Labour Inspector) v Cool Cars Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought to recover outstanding holiday pay of employee (T"), interest, penalty and filing fee - No appearance for respondent - Adjournment granted to allow attendance - Leave to defend claim granted - Respondent alleged T contractor not employee - No written employment agreement - No work undertaken for anyone else - While tax status not determinative, T received no personal tax advantage from deduction of withholding tax - Work integral to business and control asserted by respondent consistent with relationship of employment - Not in business on own account - Employee - Entitled to receive holiday pay - Interest at 8.5 percent - PENALTY - Respondent failed to comply with requirements of Holidays Act 2003 - Genuine incorrect belief T contractor and not required to accrue and pay holiday pay - No penalty payable" |
| Result | Application granted ; Arrears of holiday pay ($1,100) ; Interest (8.5 percent) ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s6;ERA Second Schedule cl11;Holidays Act 2003 |
| Number of Pages | 5 |
| PDF File Link: | aa 327_06.pdf [pdf 33 KB] |