| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 266/09 |
| Hearing date | 29 Jul 2009 |
| Determination date | 07 August 2009 |
| Member | V Campbell |
| Representation | S How ; R Clark |
| Location | Hamilton |
| Parties | How v M & C Campin t/a Chequers Stud |
| Summary | ARREARS OF WAGES - Applicant claimed not paid at applicable minimum wage throughout employment - Labour Inspector investigated claim and concluded applicant paid less than applicable minimum rate of pay for certain years - Respondent disputed calculations claiming applicant worker fewer hours per week than claimed - Authority satisfied applicant worked hours per week claimed - Wages due and owing - Respondent to pay applicant $2,765 arrears of wages for wages paid at less than applicable minimum rate - Interest payable - ARREARS OF HOLIDAY PAY - Applicant claimed owed holiday pay for annual leave not taken - Found applicant taken more leave than entitled to - Found respondent had overpaid applicant holiday pay - No orders made - Applicant claimed worked on 16 public holidays but not paid for days in lieu when employment ended - Respondent provided no evidence to dispute claim - Respondent to pay applicant $1,333 for 16 days in lieu for working public holidays - Interest payable - PENALTY - Applicant sought penalty for failure to keep or produce wage and time records - Penalty action not commenced within 12 months - Application declined - General Groom |
| Result | Applications granted (Arrears of wages)(Arrears of holiday pay – public holidays) ; Arrears of wages ($2,765.38) ; Arrears of holiday pay ($1,333.28) ; Interest (4.8%) ; Applications dismissed (Arrears of holiday pay - annual leave) ; (Penalty) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s135(5);ERA Second Schedule cl11 |
| Number of Pages | 5 |
| PDF File Link: | aa 266_09.pdf [pdf 21 KB] |