| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 270/08 |
| Hearing date | 26 Jun 2008 |
| Determination date | 01 August 2008 |
| Member | R A Monaghan |
| Representation | M Ryan ; N Percy |
| Location | Auckland |
| Parties | Piacun v The Spa and Pool Factory Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Applicant claimed not paid holiday pay owed under settlement – Respondent refused to pay 3 weeks holiday pay recorded appearing as outstanding entitlement on records – Dispute over quantum of outstanding holiday pay owed under settlement agreement – Respondent argued applicant failed to record time as paid annual leave – Applicant claimed 2 weeks of 3 week annual leave period to attend expo was work related trip – Authority found as expo only a few days respondent not entitled to treat full 2 weeks as annual leave – Respondent argued applicant not registered to attend expo – Applicant claimed attended – Authority found unsatisfactory evidence from both parties – Authority found applicant entitled to travel time and time spent attending expo – Authority found 5 days work time for which annual leave should not have been deducted – Applicant claimed 1 week of 3 week annual leave period private holiday, however, argued spent time on work related matters – Authority found 3.5 days should not be treated as paid annual leave – Authority directed parties to mediation as credibility difficulties – Authority ordered respondent to comply with settlement agreement and pay applicant 8.5 days outstanding holiday pay |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s137(3) |
| Number of Pages | 4 |
| PDF File Link: | aa 270_08.pdf [pdf 18 KB] |