Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 10/02
Determination date 22 January 2002
Member D King
Representation D Pickering ; S Snookes
Location Auckland
Parties Smith v Snookes
Summary ARREARS OF WAGES - Dispute between parties - Not paid for attendance at mediation - Told to take another day's leave due to dispute - Failure to pay for attendance at mediation was contrary to good faith - Payment owing for days off for mediation and dispute - Alleged hourly rate increased - No evidence pay increase was temporary - Payment to be at increased rate - Arrears claim made out - Not for Authority to calculate PAYE or to deal with ACC claims - ARREARS OF HOLIDAY PAY - Whether owed payment for annual leave already paid out - No opportunity for annual leave to be taken - Balance paid without knowledge in breach of Holidays Act 1981 - No intention to disadvantage applicant - Not fair or equitable to be paid again - Function of Authority to resolve problems - Annual leave claim not made out
Result Application granted ; Arrears of wages (2 days) ; Costs to lie where they fall
Statutes Holidays Act 1981
Number of Pages 2
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