| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 22/10 |
| Hearing date | 19 Jan 2010 |
| Determination date | 19 January 2010 |
| Member | R A Monaghan |
| Representation | T Denham (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Denham v Alkhafaji t/a Sylvana Hair |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant claimed $2,355 unpaid holiday pay – Respondent argued not employer, unable to make payment and applicant stole product from business – Applicant recruited by manager on behalf of respondent – Employment agreement signed by respondent’s wife – Applicant paid from bank account in respondent’s name – Business registered as company – Respondent’s wife listed as sole director and shareholder of business – Registration of company did not amount to replacement as employer party to employment relationship – Authority found applicant not paid holiday pay upon resignation – Arrears due and owing – Applicant entitled to $2,355 plus interest |
| Result | Application granted ; Arrears of holiday pay ($2,355.49) ; Interest (4%) ; Disbursements in favour of applicant ($98)(witness expenses) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 3 |
| PDF File Link: | aa 22_10.pdf [pdf 15 KB] |