| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 366/08 |
| Determination date | 23 October 2008 |
| Member | V Campbell |
| Representation | M MacRury ; C Pepper |
| Location | Hamilton |
| Parties | MacRury (Labour Inspector) v Red Planet Chartwell Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant Labour Inspector claimed employee entitled to public holiday pay for Good Friday – Employee did not work on Good Friday – Authority found whether public holiday pay to be paid in accordance with s49 Holidays Act 2003 (“HA”) depended on whether day was otherwise working day for employee – Found s12(3) HA listed factors to be taken into account – Found employment agreement mirrored obligation under HA – Found employee’s work patterns showed employee rostered on to all six Fridays leading up to Good Friday, and on Friday of following week, other than when employee took alternative holiday for working New Years Day – Authority found roster given to employee two weeks in advance – Found applicant permanent employee – Found Good Friday was an otherwise working day for employee – Employee entitled to public holiday pay for Good Friday – Authority awarded interest at 8 percent – Authority awarded Labour Inspector filing fee - Salesperson |
| Result | Application granted ; Arrears of holiday pay ($117) ; Interest (8%) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s6;Holidays Act 2003 s12;Holidays Act 2003 s49 |
| Number of Pages | 4 |
| PDF File Link: | aa 366_08.pdf [pdf 28 KB] |