| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 15/10 |
| Hearing date | 27 Jan 2010 |
| Determination date | 28 January 2010 |
| Member | P Cheyne |
| Representation | J Duff (in person) ; S Browne, K Donovan |
| Location | Dunedin |
| Parties | Duff (Labour Inspector) v Azzurro Ventures Ltd |
| Summary | ARREARS OF HOLIDAY PAY – PENALTY – Applicant Labour Inspector on behalf of employee (“C”) sought arrears of holiday pay – Sought penalty for breaches of s75 Holidays Act 2003 – C resigned from employment at respondent – C’s resignation created staffing problems and respondent sought to remedy problem by adjusting roster – Respondent applied clause in employment agreement (“EA”) permitting respondent to deduct sum from final pay – Respondent unable to provide EA to applicant, however claimed EA signed by employee – C argued no EA therefore deduction unlawful – Respondent’s evidence preferred - Authority found respondent sought C’s agreement to deduct wages – Found no arrears of holiday pay owing – Penalty declined |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s75 |
| Number of Pages | 3 |
| PDF File Link: | ca 15_10.pdf [pdf 16 KB] |