| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 16/08 |
| Hearing date | 11 Feb 2008 |
| Determination date | 19 February 2008 |
| Member | J Crichton |
| Representation | J Abele ; J Duff (in person) |
| Location | Queenstown |
| Parties | Active Planet Ltd v Labour Inspector Jo-Ann Duff |
| Summary | PRACTICE AND PROCEDURE - Objection by applicant employer to demand notice issued by Labour Inspector - Demand notice properly served and respondent met all obligations under statute - Demand notice sought payment of unpaid holiday pay for former employee - Applicant agreed holiday pay owing but disputed amount and argued unable to pay amount in lump sum - Authority prepared to consider applicant’s request for more time to pay - Authority gave applicant time to provide Authority and respondent with employee’s wage records in support of claim amount owing incorrect - Applicant had not provided records earlier and so respondent’s calculation based on material supplied by employee - No further information provided by respondent - Authority satisfied respondent correctly calculated outstanding holiday pay based on information available - Objection to demand notice not made out - Applicant to pay sum of $2,725.80 over three months by three equal instalments - Application dismissed |
| Result | Application dismissed ; Arrears of holiday pay ($2,725.80) ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s224(1) |
| Number of Pages | 3 |
| PDF File Link: | ca 16_08.pdf [pdf 17 KB] |