| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 404/09 |
| Determination date | 13 November 2009 |
| Member | K J Anderson |
| Representation | D Myatt ; No appearance |
| Location | Auckland |
| Parties | Myatt (Labour Inspector) v Workmates Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay for two former employees of respondent - No statement in reply provided by respondent - Respondent's managing director (G") told Authority support officer expected respondent to soon be in receivership - G declined to participate in conference call - Authority found no evidence to suggest respondent in receivership - G conceded sums owed to applicant, however, argued respondent lacked funds to pay - Authority found probable respondent had been in financial difficulty for some time - However, no evidence before Authority as to financial status of respondent and respondent remained registered without restrictions by companies office - Authority ordered respondent to pay applicant $6894 arrears of wages" |
| Result | Application granted ; Arrears of holiday pay ($6894.40)(cumulative) ; Disbursements in favour of applicant ($140) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;ERA schedule 2 cl12;ERA s137(1)(a)(iv);ERA s225(4) |
| Number of Pages | 4 |
| PDF File Link: | aa 404_09.pdf [pdf 17 KB] |