| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 141/07 |
| Hearing date | 16 Apr 2007 |
| Determination date | 08 May 2007 |
| Member | M Urlich |
| Representation | J Nataniel (in person) ; D Siu |
| Location | Auckland |
| Parties | Nataniel v Golf Management and Consultancy Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid at agreed rate in employment agreement - Respondent alleged parties agreed to reduce number of days applicant worked each week and salary reduced proportionately - No convincing argument agreement changed - Respondent to pay applicant at rate agreed in employment agreement - Authority not satisfied respondent appreciated consequences of not commenting on applicant's calculation of amount owing - Given 14 days to file own calculation if desired - Respondent accepted Labour Inspector's calculation of holiday pay correct - However, claimed entitled to deduct 70 hours from final pay for unauthorised leave taken during employment - Alleged applicant took five days sick leave without providing medical certificate - Sick days taken individually so applicant not required to produce medical certificate - No basis to recover payments for sick days lawfully taken and paid - Other than notations on attendance record no documentary evidence of other leave alleged applicant took - Record fell short of statutory requirements for holiday and leave record - Insufficient evidence to support respondent's claim applicant took annual leave as claimed - No lawful basis for deductions from holiday pay - Arrears due and owing |
| Result | Application granted ; Arrears of wages and holiday pay (Quantum to be determined) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s68;Holidays Act 2003 s81;Holidays Act 2003 s81(2)(d);Holidays Act 2003 s81(2)(e);Holidays Act 2003 s81(2)(g);Holidays Act 2003 s81(2)(h) |
| Number of Pages | 5 |
| PDF File Link: | aa 141_07.pdf [pdf 28 KB] |