| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 268/09 |
| Hearing date | 7 Aug 2009 |
| Determination date | 10 August 2009 |
| Member | A Dumbleton |
| Representation | A Taljaard (in person) ; A Raihman |
| Location | Auckland |
| Parties | Taljaard (Labour Inspector) v Discount Crane Hire Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought arrears of holiday pay on behalf of two former employees – Respondent claimed parties had not tried to resolve problem using mediation – Authority referred matter to mediation – Respondent failed to arrange mediation – Respondent failed to take part in telephone conference to resolve matter – Authority found respondent intent on obstructing, evading or delaying resolution – Applicant’s calculations of arrears accepted – Arrears due and owing – Interest awarded – PENALTY – Applicant sought penalty of $10,000 for failure to provide applicant with holiday record on request – $5,000 penalty appropriate |
| Result | Application granted ; Arrears of holiday pay ($3,371.44)(JG) ; ($8,659.56)(ED) ; Interest (4.5%) ; Penalty ($5,000) (Payable to Crown) ; Disbursements in favour of applicant ($70) |
| Main Category | Arrears |
| Statutes | ERA s159;Holidays Act s75(2)(a);Holidays Act s75(2)(e) |
| Number of Pages | 5 |
| PDF File Link: | aa 268_09.pdf [pdf 16 KB] |