| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 175/09 |
| Hearing date | 29 May 2009 |
| Determination date | 02 June 2009 |
| Member | R A Monaghan |
| Representation | B Newman ; R Urlich (in person) |
| Location | Auckland |
| Parties | Newman v Urlich & Anor |
| Other Parties | Urlich |
| Summary | ARREARS OF HOLIDAY PAY – Applicant claimed owed annual leave for each year of employment for 6-year period – Deducting leave taken, applicant sought 15 weeks’ annual leave – No written employment agreement (“EA”) – Authority noted lack of EA and wage and time records – Authority noted applicant was “own boss” and respondent required applicant to be more accountable for timekeeping than applicant prepared to be – Authority balanced vagueness of evidence and failure of both parties to observe responsibilities – Authority treated some days as working days over Christmas holiday period, and remainder as paid day’s annual leave – Authority found arrears of holiday pay in sum of 26 days (3.7 weeks) owing – Interest at five percent from date of determination |
| Result | Application granted ; Arrears of holiday pay ($3,557.70) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s142 |
| Number of Pages | 5 |
| PDF File Link: | aa 175_09.pdf [pdf 17 KB] |