| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 292/08 |
| Hearing date | 10 Jul 2008 |
| Determination date | 14 August 2008 |
| Member | J Wilson |
| Representation | M Dean (in person) ; P Breed |
| Location | Auckland |
| Parties | Dean v Capstan Holdings Ltd |
| Summary | ARREARS OF WAGES - Applicant claimed owed unpaid wages - Respondent claimed applicant casual employee and had been paid for all hours worked - Applicant claimed employed for 40 hours per week at $20 an hour - Applicant claimed initially paid regularly but, over time, payments became erratic - Respondent accepted no employment agreement - Authority found in circumstances, and as respondent unable to produce any evidence applicant’s claims incorrect, accepted applicant’s evidence regarding wages received and hours, days, and time worked - Respondent to pay $6,720 arrears of wages - ARREARS OF HOLIDAY PAY - Respondent claimed hourly rate included holiday pay - Authority found none of circumstances under which holiday pay could be paid with wages met - Found as no written employment agreement assumption must be employment not fixed term and applicant did not consent in employment agreement for holiday pay to be paid with wages - Found for most of term of employment work not intermittent, and applicant did take time off which could have been designated and paid as annual holidays - Found applicant entitled to holiday pay - As employment for less than 12 months applicant entitled to receive payment at 8% of all wages paid or owed - Authority calculated holiday pay - Applicant owed $2,086 unpaid holiday pay - COSTS - As applicant self represented incurred no legal costs - Applicant entitled filing fee |
| Result | Application granted (Arrears of wages)($6,720) ; Application granted (Arrears of holiday pay)($2,086) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s66;ERA s133;Holidays Act 2003 |
| Number of Pages | 5 |
| PDF File Link: | aa 292_08.pdf [pdf 30 KB] |