| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 5/10 |
| Hearing date | 11 Jan 2010 |
| Determination date | 11 January 2010 |
| Member | R A Monaghan |
| Representation | N Younis (in person) ; J Cross |
| Location | Auckland |
| Parties | Younis v Ace Locksmiths Ltd |
| Summary | ARREARS OF WAGES - Applicant claimed owed four weeks pay in lieu of notice following termination of employment - Respondent claimed applicant asked to take a month off work because of diminished workload but employment not terminated - Authority found not making work available and not proposing to pay applicant in meantime amounted to fundamental breaches of employer’s obligations to make work available and provide payment - Found as applicant did not agree to proposal breaches sufficiently fundamental to amount to termination of employment - Found employment agreement allowed for four weeks pay in lieu of notice - Respondent to pay applicant four weeks pay in lieu of notice - ARREARS OF HOLIDAY PAY - Found applicant’s employment ended before completed 12 month’s service - Applicant to be paid holiday pay at 8 percent of gross earnings less any amount already paid - Applicant had received 1.5 days’ paid annual leave - Respondent to pay outstanding holiday pay |
| Result | Applications granted ; Arrears of wages ($2,769.24)(Pay in lieu of notice) ; Arrears of holiday pay ($1,066.16) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s23 |
| Number of Pages | 4 |
| PDF File Link: | aa 5_10.pdf [pdf 13 KB] |