| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 384/06 |
| Hearing date | 13 Dec 2006 |
| Determination date | 20 December 2006 |
| Member | M Urlich |
| Representation | K Pellow-Jarman (in person) ; P Adlam & R Noble |
| Location | Auckland |
| Parties | Pellow-Jarman v CMI Fasteners Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant argued calculation of holiday pay should have included bonus payments – Respondent submitted bonus expressly excluded from calculation under terms of employment agreement – Agreement excluded allowances and reimbursement payments - Respondent relied on payroll coding system which coded payments as allowance – No suggestion payroll system part of applicant’s terms of employment, or that wording used agreed with him – Coding of payroll system had no bearing on terms of employment – No suggestion bonus payments were reimbursement payments – Respondent never had occasion not to approve applicant's bonus – Bonus part of employment agreement - No discretionary element to payment – Bonus payments part of gross earnings for purposes of calculating holiday pay – Authority advised would refer issue of quantum to Labour Inspectorate |
| Result | Application granted ; Arrears of holiday pay (Quantum to be determined) ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | Holidays Act 2003 s25 |
| Number of Pages | 3 |
| PDF File Link: | aa 384_06.pdf [pdf 24 KB] |