| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 267/09 |
| Hearing date | 14 Apr 2009 |
| Determination date | 10 August 2009 |
| Member | V Campbell |
| Representation | T Williams (in person) ; T Ashbridge (in person) |
| Location | Tauranga |
| Parties | Williams v Ashbridge |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed outstanding wages, reasonable notice period, and payment for days in lieu for public holidays worked - No written employment agreement - Applicant arrived at work and told no further hours available but not dismissed and would be hours available in future - After several months no further hours provided applicant requested final pay - Respondent failed to pay final pay - Authority found applicant not paid for final day of work - Respondent to pay applicant $84 - Applicant claimed owed holiday pay - As no evidence to contrary and no wage and time records supplied applicant’s calculations accepted - Respondent to pay outstanding holiday pay - Applicant claimed worked four public holidays and sought payment for days in lieu - Found as no evidence to contrary and no wage and time records supplied claim proven - Respondent to pay applicant $366 - Authority found two weeks reasonable notice period - Applicant entitled to two weeks pay in lieu of notice - Interest payable on all sums - Bar worker |
| Result | Application granted ; Arrears of wages ($84) ; Arrears of holiday pay ($1,537.20) ; Pay in lieu of notice ($744)(Two weeks) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s132;ERA Second Schedule cl11 |
| Number of Pages | 4 |
| PDF File Link: | aa 267_09.pdf [pdf 17 KB] |