| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 107/08 |
| Hearing date | 19 Mar 2008 |
| Determination date | 25 March 2008 |
| Member | R Arthur |
| Representation | P Janovec (in person), J Berankova (in person) ; R Johnston |
| Location | Auckland |
| Parties | Janovec and Anor v Cowes Bay Estate Ltd |
| Other Parties | Berankova |
| Summary | ARREARS OF HOLIDAY PAY – Applicants sought payment for annual holiday pay, annual public holiday pay, additional weekend hours and days in lieu – Respondent accepted some pay owing but argued subject to deductions – Respondent did not accept sums claimed by applicants – Authority earlier declined respondent’s application for postponement of investigation meeting as delays already occasioned and satisfied ample opportunity to resolve matter – No written employment agreement – Oral agreement provided for salary and accommodation – Authority found document provided to applicants set out duties but omitted wage and problem resolution information in breach of s65 Employment Relations Act 2000 – Document not signed by applicants – Applicant received letter stating not required full time on public holidays or weekends but would be reimbursed for two hours for any work done – Parties agreed on sum of annual holiday pay on earnings for ordinary hours owing – Authority accepted applicants evidence on number of weekends worked and respondents statement of extent of payment for those weekends – Authority found holiday pay owing for weekend work – Authority found although respondent paid applicants at ordinary daily pay for work on public holidays, applicants entitled to time and half – Authority found applicants entitled to additional public holiday pay – Authority also found applicants entitled to be paid alternative holiday pay owed for work on public holidays – ARREARS OF WAGES – Respondent argued wages owing calculated on basis entitled to deduct amounts for power used and cleaning costs – Authority found no written consent by applicants for deductions – Authority satisfied deductions not permissible under Wages Protection Act 1983 – Applicants accepted respondent entitled to deduct days for leave taken – Authority accepted respondents argument that monies deducted as leave taken – Found interest rather than compensation appropriate for arrears claim – Authority ordered respondent to pay 11.5 percent interest on total sum owing – Caretakers |
| Result | Application granted ; Arrears of wages and holiday pay ($3253.14) ; Interest ($233.24) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s65;Holidays Act 2003 s50;Holidays Act 2003 s56(1)(b);Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1) |
| Number of Pages | 8 |
| PDF File Link: | aa 107_08.pdf [pdf 37 KB] |