| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164A/06 |
| Hearing date | 18 Oct 2006 |
| Determination date | 31 October 2006 |
| Member | R Arthur |
| Representation | L Turner ; C Patterson |
| Location | Auckland |
| Parties | Hormann v Virtual Warehouse Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Earlier determination found leave payments to be deducted from salary entitlements accrued after 2003 - Calculation of entitlements left to parties - Leave reserved for them apply for further determination - Parties unable to agree - Authority now determined entitlements - Earlier determination found applicant's entitlement to full salary and accumulated leave up to 2003 forgone as part of agreement to purchase shares in respondent's business - Respondent claimed entitled to make deductions from entitlements - Not entitled to deduct accrued holiday pay - Applicant exceeded leave entitlement by three days - Since applicant already received leave, respondent entitled to deduct from salary entitlements - No basis for argument days worked while receiving parental leave payment (PPL") should be considered paid leave from respondent - Applicant did not work on those days, and accepted obliged to account to IRD if paid while receiving PPL - Applicant continued to receive salary while on period of "stress leave" - No basis for respondent to recoup this period from salary entitlements - Applicant also claimed entitled to additional year annual leave entitlements - Applicant not in "continuous employment" for period claimed - Not just to require payment of interest in period applicant and director agreed to draw only part of salary - Applicant entitled to interest on amounts owing for specified period - Respondent could not pay salary owing in lump sum - Ordered to pay sums in 12 monthly instalments - Financial controller" |
| Result | Application granted ; Orders accordingly ; Interest (90-day bill rate plus a%) Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 164a_06.pdf [pdf 39 KB] |