Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 112/08
Hearing date 13 Mar 2008
Determination date 27 March 2008
Member D King
Representation C Collier (in person) ; G Bailey
Location Taupo
Parties Collier v Beyond 2000 Investments Ltd t/a Stag Park Diner
Summary ARREARS OF HOLIDAY PAY - Applicant claimed owed payment for annual leave after employment ended - Respondent conceded some arrears owing but disputed amount - Also argued applicant required to forfeit pay if no notice given - Provision irrelevant as holiday entitlements could not be reduced or restricted - Authority calculated amount owning - Arrears due and owning - Interest 11 percent - GOOD FAITH - During investigation meeting respondent's director insulted applicant and her support person and swore at Authority Member - Also refused to leave hearing when instructed, necessitating assistance of police - Behaviour interrupted and obstructed conduct of hearing - Bad faith - Cook
Result Application granted ; Arrears of holiday pay ($3,209.83) ; Interest (11%) ; Disbursements in favour of applicant ($70)
Main Category Arrears
Statutes Holidays Act s6
Number of Pages 3
PDF File Link: aa 112_08.pdf [pdf 15 KB]