| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 190/07 |
| Hearing date | 25 Jun 2007 |
| Determination date | 26 June 2007 |
| Member | M Urlich |
| Representation | A Taljaard (in person) ; A Ligalevu |
| Location | Auckland |
| Parties | Taljaard (Labour Inspector) v Pacific Island Early Childhood Council of Aotearoa |
| Summary | ARREARS OF HOLIDAY PAY – Respondent did not dispute amount outstanding – Respondent claimed amount outstanding should be offset against overpayment made to employee – No overpayment claim lodged by respondent – Holiday pay a statutory minimum code entitlement that cannot be lawfully withheld to offset an alleged overpayment – Applicant not provided with wage and time records – Respondent claimed records in disarray and consultant engaged to assist with problems – Failure to provide records a serious matter which left respondent vulnerable to penalty – Authority satisfied penalty not necessary as respondent had taken steps to improve records - Arrears due and owing - Interest 7 percent |
| Result | Application granted ; Arrears of holiday pay ($1,101.60) ; Interest ($7%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s24;Holidays Act 2003 s84(2) |
| Number of Pages | 3 |
| PDF File Link: | aa 190_07.pdf [pdf 16 KB] |