| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1/10 |
| Determination date | 05 January 2010 |
| Member | R A Monaghan |
| Representation | M McKinnon (in person), GT McKinnon (in person) |
| Location | Auckland |
| Parties | McKinnon and Anor v Clendon Inn 2007 Ltd |
| Other Parties | McKinnon |
| Summary | ARREARS OF WAGES - Applicants claimed owed arrears of wages and payment in lieu of notice - Respondent did not dispute liability - Found employment agreement provided for four weeks’ notice of redundancy or pay in lieu of notice - Found applicants’ employment terminated with immediate effect so entitled to pay in lieu of notice - Applicants to be paid four weeks’ pay in lieu of notice - Found first applicant owed one weeks wages - Payment ordered - Found second applicant not paid for ten weeks while business established - Payment ordered - ARREARS OF HOLIDAY PAY - Applicants claimed owed arrears of holiday pay - Respondent did not dispute liability - Applicants claimed four weeks holiday pay - Found applicants took some annual leave days - Found payroll records showed amounts of holiday pay outstanding - Payment ordered - Found first applicant owed two days sick pay - Payment ordered - Interest payable on all sums |
| Result | Applications granted ; $1,038.46 (Arrears of wages)(Applicant 1) ; $4,153.84 (Pay in lieu of notice)(Applicant 1) ; $3,946.11 (Holiday pay)(Applicant 1) ; $415.40 (Sick pay)(Applicant 1) ; $10,384.60 (Arrears of wages)(Applicant 2) ; $4,153.84 (Pay in lieu of notice period)(Applicant 2) ; $3,323.04 (Holiday Pay)(Applicant 2) ; Interest (4.8%) ; Disbursements in favour of applicants ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | aa 1_10.pdf [pdf 16 KB] |