| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 39/09 |
| Hearing date | 3 Apr 2009 |
| Determination date | 06 April 2009 |
| Member | P Cheyne |
| Representation | J Duff ; K Blackledge |
| Location | Wanaka |
| Parties | Labour Inspector v Wan A Cab Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Respondent argued employee’s salary included statutory holidays and annual holidays – Respondent argued claim for holiday pay therefore breach of parties’ agreement – Authority found respondent’s position inconsistent with Holidays Act 2003 – Found cannot contract out of obligation to provide employee with annual holidays and public holiday entitlements – Holiday pay owing – Award of interest declined – PENALTY – Applicant sought penalty for breach of law – Authority found action for recovery of penalty not commenced within 12 months of cause of action becoming known to applicant – Found Labour Inspector aware of breach since employee’s complaint and beginning of Inspector’s investigation – Penalty declined - No claim for costs |
| Result | Arrears of holiday pay ($4,904.13) ; Application declined (penalty) |
| Main Category | Arrears |
| Number of Pages | 2 |
| PDF File Link: | ca 39_09.pdf [pdf 13 KB] |