| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 57/09 |
| Hearing date | 5 May 2009 |
| Determination date | 06 May 2009 |
| Member | G J Wood |
| Representation | P Ratner ; J Heald |
| Location | Wellington |
| Parties | Kearns v Miramar Foodco. Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Respondent’s director (“H”) claimed he and applicant agreed would receive salary but not holiday pay - Applicant denied claim - Authority did not accept H and applicant agreed no entitlement to holiday pay as agreed would be entitled to take holidays and continue to be paid - Found even if parties had agreed not to be paid holiday pay agreement contrary to s6 Holidays Act 2003 as restricted entitlements - Found applicant entitled to holiday pay when terminated employment - Found no dispute as to sum owing - Respondent to pay applicant $5,880 - Interest awarded - COSTS - Successful arrears claim - Less than one hour investigation meeting - Applicant sought $1,500 contribution to costs - Authority found matter was straightforward and sum owed never in doubt - Respondent to pay applicant $750 contribution to costs |
| Result | Application granted ; Arrears of wages ($5,880) ; Interest ($277.41) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s6 |
| Number of Pages | 2 |
| PDF File Link: | wa 57_09.pdf [pdf 21 KB] |