| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 154/07 |
| Hearing date | 27 Nov 2007 |
| Determination date | 20 December 2007 |
| Member | H Doyle |
| Representation | Henning (Applicant in person) ; No appearance |
| Location | Dunedin |
| Parties | Labour Inspector (Henning) v Broadbat Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Identity of respondent - Employees employed by third party which sold business to respondent - Respondent now employer - Applicant Labour Inspector sought compliance with respondent’s statutory obligations on behalf of five former and two current employees - No appearance by respondent - Arrears due and owing to employees - Interest 9 percent - PENALTY - Applicant sought penalty for respondent’s failure to calculate and pay holiday pay and to provide records as requested - Separate penalties awarded for number of breaches - $200 for failure to calculate and pay holiday pay - Failure to provide records for former employees resulted in three $500 and one $600 penalty - Failure to supply records when requested by two current employees considered aggravating factor, $1,000 penalty for each breach - COMPLIANCE ORDER - Respondent ordered to comply with request to provide records |
| Result | Application granted ; Arrears of holiday pay ($2,320.95)(GM) ; ($1,979.95)(GP) ; Compliance ordered ; Penalty ($200)(s75 Holidays Act) ; ($4,100)(Total for failure to supply records to six employees) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s137;ERA s223(1);ERA s229(1)(d);ERA s229(2);ERA s229(3);ERA s229(4);Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s75;Holidays Act 2003 s82;Holidays Act 2003 s83 |
| Number of Pages | 18 |
| PDF File Link: | ca 154_07.pdf [pdf 58 KB] |