| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 171/06 |
| Hearing date | 27 Nov 2006 |
| Determination date | 08 December 2006 |
| Member | J Crichton |
| Representation | S Kirk (in person) ; A Barrett (in person) |
| Location | Christchurch |
| Parties | Kirk v Barrett |
| Summary | ARREARS OF WAGES - Applicant sought first week's ACC earnings related compensation - Sustained work injury precluding continued employment - Respondent indicated did not pay compensation because applicant able to use ankle allegedly could not walk on - Now understood obligation to make payment - Wages due and owing - ARREARS OF HOLIDAY PAY - Also sought payment for public holidays and annual holidays - Respondent argued applicant seasonal casual employee not entitled to receive holiday pay separately from hourly rate - Instant case different from Alliance Group Ltd v New Zealand Meat Workers Union Inc (cited below) because here worker's entitlement to annual and public holiday leave fell to be determined within particular season - Satisfied applicant worked as and when required - Factually seemed to be seasonal employment relationship on casual principles rather than permanent relationship - Nothing turned on employment status - Fundamental issue whether public holidays fell on otherwise working days - Applicant habitually worked Mondays and Fridays - Entitled to time and half and alternative holiday for public holidays worked on those days - Given no written employment agreement existed impossible to maintain applicant agreed wage rate included annual holiday pay - Holiday pay due and owing - Respondent to pay instalments |
| Result | Application granted ; Arrears of wages ($250) ; Arrears of holiday pay ($504.99) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | Holidays Act 2003 s50;Holidays Act 2003 s56 |
| Cases Cited | Alliance Group Ltd v New Zealand Meat Workers Union Inc unreported, Colgan CJ, Travis, Couch JJ, 16 August 2006, CC 7/06 |
| Number of Pages | 3 |
| PDF File Link: | ca 171_06.pdf [pdf 26 KB] |