| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 429/09 |
| Hearing date | 1 Dec 2009 |
| Determination date | 01 December 2009 |
| Member | L Robinson |
| Representation | CA McLean (in person) ; no appearance |
| Location | Hamilton |
| Parties | McLean (Labour Inspector) v Van Doorne |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought arrears of wages and holiday pay in sum of $2,400 – No appearance for respondent – Sum based on applicant’s own assessment of what was owed – Applicant made requests for wage and time records – Respondent failed to provide information sought – Authority accepted applicant’s calculations of what was owed – PENALTY – Found applicant made formal requests for wage and time records as well as various telephone messages for respondent – Respondent failed to comply with formal requests – Found respondent had no reasonable excuse for failure – $1,000 penalty appropriate for failure to comply with requests – Found respondent failed to make payment to applicant for annual holidays due at termination of employment – Penalty of $1,000 appropriate for failure to pay annual holidays – Authority ordered payment by instalments – Brick layer |
| Result | Applications granted ; Arrears of wages and holiday pay ($2,400) ; Interest ($96)(one year’s interest at 4%) ; Penalty for failure to comply with requests ($1,000)(half payable to Crown, half payable to applicant) ; Penalty for failure to pay holiday pay ($1,000) (half payable to Crown, half payable to applicant) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s131;ERA s228;ERA s229;ERA s229(3);Holidays Act 2003;Holidays Act 2003 s16;Holidays Act 2003 s21;Holidays Act 2003 s24;Holidays Act 2003 s75 |
| Number of Pages | 5 |
| PDF File Link: | aa 429_09.pdf [pdf 24 KB] |