| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 294/06 |
| Hearing date | 14 Sep 2006 |
| Determination date | 15 September 2006 |
| Member | V Campbell |
| Representation | L Booker (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Booker (Labour Inspector) v Gill t/a Gills Cleaning Services |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought holiday pay, interest, penalty and costs - Outstanding holiday pay owed upon termination of employment - No appearance by respondent - No good cause for failure to attend - Authority satisfied respondent served notice of investigation meeting - Respondent failed to keep or produce wage and time records - Prejudiced applicant's ability to bring accurate claim - Arrears of holiday pay due and owing - Interest 8.5 percent - Applicant directed to serve copy of determination on respondent forthwith - PENALTY - Respondent in breach of ERA s130 2000 for failure to keep wage and time records - Appropriate penalty be imposed - COSTS - Applicant entitled to filing fee - Cleaner |
| Result | Application granted ; Arrears of holiday pay ($555.69)(Payable to Labour Inspector) ; Interest (8.5%) ; Penalty ($250)(Payable to Crown) ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s130;ERA s131;ERA s132;ERA Schedule 2 cl12 |
| Cases Cited | Otago and Southland Foods etc IUOW v Southern Foods Ltd [1985] ACJ 656 |
| Number of Pages | 3 |
| PDF File Link: | aa 294_06.pdf [pdf 40 KB] |