Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 351/06
Hearing date 21 Nov 2006
Determination date 21 November 2006
Member R Arthur
Representation applicant in person ; no appearance
Location Auckland
Parties Taljaard (Labour Inspector) v Valentine Apparel Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY - Applicant Labour Inspector sought arrears of wages on behalf of W - No appearance by respondent - Respondent previously accepted owed applicant 57 hours wages and seven days annual leave - Advised applicant would receive arrears when respondent paid by customer - Applicant was to be paid $11 hour but could only recover minimum wage for unpaid hours worked - Entitled to holiday pay calculated on actual hourly rate - Interest 8.64 percent - PENALTY - Respondent in breach of Minimum Wage Act 1983 and Holidays Act 2003 - Penalty appropriate
Result Application granted ; Arrears of wages ($584.25) ; Arrears of holiday pay ($665.91) ; Interest (8.64%) ; Penalty ($800)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
Statutes Minimum Wage Act 1983;Holidays Act 2003
Number of Pages 2
PDF File Link: aa 351_06.pdf [pdf 26 KB]