| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 369/07 |
| Hearing date | 27 Nov 2007 |
| Determination date | 27 November 2007 |
| Member | Y S Oldfield |
| Representation | K Metcalf (in person) ; J Kahukiwa |
| Location | Auckland |
| Parties | Metcalf (Labour Inspector) v M Torok Holdings Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought holiday pay on behalf of TC - Respondent did not dispute quantum claimed but indicated had no assets to make payment - Arrears due and owing - Interest 9 percent - PENALTY - Respondent's liability not established until it was without assets - Punishment with penalty not appropriate |
| Result | Application granted (Arrears) ; Arrears of holiday pay ($6,741.62) ; Interest (9%) ; Application dismissed (Penalty) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s135;ERA Second Schedule cl 11 |
| Cases Cited | Crawford v M Torok Holdings Ltd t/a The Sharing Shed unreported, D King, 3 October 2006, AA 309/06 |
| Number of Pages | 3 |
| PDF File Link: | aa 369_07.pdf [pdf 17 KB] |