| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 176/09 |
| Hearing date | 29 May 2009 |
| Determination date | 03 June 2009 |
| Member | A Dumbleton |
| Representation | L Arnold (in person) ; no appearance |
| Location | Auckland |
| Parties | Arnold v Property West Ltd (in liquidation) |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant sought holiday pay for 18 months employment with respondent, less 5 days of annual leave taken – Statement in reply (“SIR”) denied claim, alleging applicant worked 4 days a week, taking Wednesdays as annual leave – Applicant claimed worked 5 days a week, as worked one weekend day – SIR claimed applicant took annual leave during overseas work conference – Applicant claimed conference on work time, as was work-related conference – SIR alleged applicant attended funeral during annual leave, not taken as bereavement leave – SIR claimed applicant had not worked out one week’s notice period and still owed company unpaid expenses – SIR noted Labour Inspector rejected applicant’s claim so thought matter had come to end - Respondent in liquidation – Liquidator consented to proceedings and advised applicant’s claim to take preference to other creditors – Authority preferred applicant’s evidence – Found holiday pay due and owing |
| Result | Application granted ; Arrears of holiday pay ($3,846) |
| Main Category | Arrears |
| Statutes | Companies Act 1993 Sch 7 |
| Number of Pages | 3 |
| PDF File Link: | aa 176_09.pdf [pdf 12 KB] |