| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 44/09 |
| Hearing date | 12 Feb 2009 |
| Determination date | 12 February 2009 |
| Member | V Campbell |
| Representation | A Langton (in person) ; no appearance |
| Location | Auckland |
| Parties | Langton v Sensation Yachts Ltd |
| Summary | ARREARS OF WAGES – Applicant claimed outstanding wages and holiday pay – No statement in reply and no appearance by respondent – Authority found respondent had not shown good cause for failure to appear – When applicant had returned from leave, respondent advised was unable to pay wages for past two weeks due to economic conditions – Applicant claimed was later paid for first of two weeks, but not paid since – Authority satisfied wages owing – Respondent had instructed applicant to take eight days annual leave – Respondent reduced leave balance accordingly – Authority found instruction to take leave unfair and unreasonable – Found no consultation with applicant and one day’s notice insufficient – Applicant entitled to receive holiday pay to which became entitled at end of employment relationship – Holiday pay calculated at eight percent of gross earnings |
| Result | Application granted ; Arrears of wages ($2,804.09) ; Arrears of holiday pay ($2,881.18) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA Schedule 2 cl12 |
| Number of Pages | 3 |
| PDF File Link: | aa 44_09.pdf [pdf 24 KB] |