| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 60/09 |
| Hearing date | 23 Feb 2009 |
| Determination date | 24 February 2009 |
| Member | R A Monaghan |
| Representation | J Denyer (in person) ; no appearance |
| Location | Auckland |
| Parties | Denyer (Labour Inspector) v Revolution Productions Int. Ltd |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant labour inspector claimed employee owed holiday pay - Applicant calculated holiday pay entitlement through IRD records and employee’s advice of paid annual leave taken – Authority found holiday pay due and owing - PENALTY – Applicant sought penalty for failure to provide wage and time records – Authority found respondent received request from labour inspector of kind set out in s82(1) Holidays Act 2003 – Found no evidence of any effort to respond to requests, or of explanation of failures – $2,000 penalty warranted – COSTS – Applicant represented self – Applicant entitled to reimbursement of filing fee |
| Result | Applications granted ; Arrears of holiday pay ($4,545.56) ; Penalty ($2,000)(payable to Crown) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s161(1);ERA Schedule 2 cl12;Holidays Act 2003 s75(2)(e);Holidays Act 2003 s76;Holidays Act 2003 s81;Holidays Act 2003 s83 |
| Number of Pages | 6 |
| PDF File Link: | aa 60_09.pdf [pdf 19 KB] |