| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 215/09 |
| Hearing date | 16 Feb 2009 |
| Determination date | 30 June 2009 |
| Member | D King |
| Representation | G Singh ; P Akbar |
| Location | Auckland |
| Parties | Singh and Anor v Elite Grace Growers Ltd |
| Other Parties | Kaur |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – First and second applicant claimed arrears of holiday pay for first period of employment – Authority found written employment agreement (“EA”) not valid – Found “pay as you go” holiday pay arrangement did not meet sections 28(1) and 28(4) Holidays Act 2003 therefore no holiday pay entitlement for first period of employment - Applicants claimed arrears of holiday pay for second period of employment – Authority ordered respondent to pay first applicant $1,810 and second applicant $1,596 for arrears of holiday pay – Applicants claimed pay for day in lieu for working statutory holiday – Respondent ordered to pay first applicant $101 and second applicant $90 for pay for day in lieu - RAISING PERSONAL GRIEVANCE – Authority found unjustified dismissal claim not raised within time – Glasshouse Workers |
| Result | Applications granted (Arrears of wages) (Arrears of holiday pay) ; Application dismissed (Arrears of holiday pay) (Unjustified dismissal) ; Arrears of holiday pay (Pay for day in lieu) ($101.07)(First applicant ) ($90.72)(Second applicant) ; Arrears of holiday pay ($1,810.06)(First applicant) ($1,596.90)(Second applicant) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s66;Holidays Act 2003 s28;Holidays Act 2003 s28(1);Holidays Act 2003 s28(4);Holidays Act 2003 s60;Wages Protection Act 1953 s5(1);Wages Protection Act 1953 s5(1)(a);Wages Protection Act 1953 s5(1)(b);Wages Protection Act 1953 s6(2) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 8 |
| PDF File Link: | aa 215_09.pdf [pdf 43 KB] |