| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48A/08 |
| Determination date | 10 October 2008 |
| Member | J Crichton |
| Representation | R Thompson ; M Kyne |
| Location | Christchurch |
| Parties | Harding v V & A Keefe Ltd |
| Summary | PRACTICE AND PROCEDURE – Determination of quantum of remedies – In earlier determination, Authority found applicant unjustifiably dismissed and respondent breached s28 Holidays Act 2003 (“HA”) - Parties ordered to settle remedies because respondent in grave financial difficulties – Parties unable to agree – Authority noted holiday pay arrangement continuation of arrangement with applicant’s previous employer, where applicant casual employee – Authority found applicant permanent employee with respondent – Found despite evidence of agreement to pay as you go holiday pay, no legal basis for arrangement – Found obliged to order holiday pay to be paid in lump sum – Authority found respondent’s financial position worsened since substantive determination but regardless, parties to employment relationship obligated to comply with normal tenets of employment law – Found modest compensation award and contribution to wages appropriate for unjustified dismissal grievance – Noted previously attributed 30 percent contributory conduct – Sum to be paid in equal monthly instalments |
| Result | Arrears of holiday pay ($5,463.96) ; Reimbursement of notice period ($2,240 after 30% reduction for contributory conduct) ; Reimbursement of lost wages ($8,960 after 30% reduction for contributory conduct) ; Compensation for humiliation etc ($1,000 after 30% reduction for contributory conduct) ; Costs in favour of employee ($500) |
| Main Category | Practice & Procedure |
| Statutes | Holidays Act 2003 s27;Holidays Act 2003 s28;Holidays Act 2003 s28(4) |
| Number of Pages | 5 |
| PDF File Link: | ca 48a_08.pdf [pdf 20 KB] |