| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 213/08 |
| Hearing date | 16 Jun 2008 |
| Determination date | 30 June 2008 |
| Member | D King |
| Representation | A Taljaard (in person) ; T Retzlaff |
| Location | Auckland |
| Parties | Taljaard (Labour Inspector) v UT Investment Lts t/a Coco Hut Restaurant |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears on behalf of ML - Official record of employment less than length of actual employment - Respondent submitted lacked records because ML had resigned and been re-employed on “unofficial” basis when not able to legally continue in employment - Previously claimed ML was contractor for “unofficial” period of employment - Argument substanceless as ML did same work on same basis - “Unofficial employment” not a legal entity - ML employee for entire period - Arrears due and owing - Interest 10.64 percent - PENALTY - Respondent claimed unaware had to pay holiday pay prior to employee being employed for full year - Employer had obligation to familiarise self with relevant legislation - $2,000 penalty under s75(2)(a) Holidays Act 2003 for failure to pay - Further $2,000 penalty under s75(2)(e) Holidays Act 2003 for failure to provide holiday record - Also $2,000 penalty under ss229 (3) and (7) Employment Relations Act 2000 for failure to provide time and wage records |
| Result | Application granted ; Arrears of holiday pay ($3,021.70) ; Interest (10.64%) ; Penalty ($6,000)(payable to Crown) ; Disbursements ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s228(1);ERA s229(3);ERA s229(7);Holidays Act s75(2)(a);Holidays Act s75(2)(e);Holidays Act s84(2) |
| Number of Pages | 3 |
| PDF File Link: | aa 213_08.pdf [pdf 15 KB] |