| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 103/09 |
| Hearing date | 7 Aug 2009 |
| Determination date | 07 August 2009 |
| Member | G J Wood |
| Representation | N Medway (In person) ; no appearance |
| Location | Wellington |
| Parties | Medway (Labour Inspector) v Be Gorgeous NZ Ltd |
| Summary | ARREARS OF HOLIDAY PAY - No appearance for respondent - Applicant Labour Inspector sought holiday pay on behalf of employee - Respondent accepted holiday pay owing but claimed applicant breached restraint of trade clause - Authority found even if true, did not give respondent right to withhold holiday pay - Respondent failed to provide wage, time and holiday records - Applicant’s evidence accepted - Respondent to pay applicant outstanding holiday pay - Interest payable - PENALTY - Applicant sought penalty for failure to pay holiday pay, failure to produce wage and time records, and failure to produce holiday records - Authority found all breaches proven - Authority considered global penalty appropriate given amount of holiday pay owing but taking into account respondent’s failure to produce records - $3,000 penalty awarded - Account manager |
| Result | Applications granted ; Arrears of holiday pay ($796.95) ; Interest ($32.10) ; Penalty ($3,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 3 |
| PDF File Link: | wa 103_09.pdf [pdf 11 KB] |