| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 20/02 |
| Determination date | 18 February 2002 |
| Member | D Asher |
| Representation | A Gallie ; J Donkin |
| Location | Wellington |
| Parties | Logan v YMCA Hawkes Bay Inc |
| Summary | ARREARS OF HOLIDAY PAY - Alleged annual leave entitlement never paid - No written employment agreement - Entitled to 4 weeks annual leave - Claimed entitlement increased to 5 weeks - No evidence of agreement to increase leave - Whether leave could be accumulated - Alleged policy that leave to be taken each year - Had previously allowed leave to accumulate - Disputed amount owed - No comprehensive holiday records kept - Claim made out - 160 days' annual leave owing - Parties to determine quantum - Interest to be paid on sum at 90 day bill rate plus 2 percent - Leave reserved to resubmit calculation if no agreement reached - PENALTY - Non-payment of holiday pay - Alleged no legitimate ground for refusal to pay - Inappropriate to order payment of penalty given age of claim - Business development manager |
| Result | Application granted ; Arrears of holiday pay (Quantum reserved) ; Interest ; Costs reserved |
| Statutes | ERA s131;ERA Second Schedule cl11;Holidays Act 1981 s12 |
| Cases Cited | Marine Helicopters Ltd v Stevenson [1996] 1 ERNZ 472;Napier Aero Club Inc v Tayler [1998] 1 ERNZ 241;NZPSA v Electricity Corporation of NZ Ltd [1991] 1 ERNZ 610 |
| Number of Pages | 10 |
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