| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 25/10 |
| Hearing date | 4 Feb 2010 |
| Determination date | 04 February 2010 |
| Member | P Cheyne |
| Representation | J Hobbs (Applicant in person) ; No appearance |
| Location | Christchurch |
| Parties | Labour Inspector (Hobbs) v Brands Hatch Restorations Ltd |
| Summary | ARREARS OF HOLIDAY PAY - No appearance for respondent - Applicant Labour Inspector sought holiday pay on behalf of employee - Authority accepted applicant’s calculations of holiday pay owing - Found applicant made some assumptions in favour of respondent in calculations - Found respondent in default of payment - Respondent to pay holiday pay owing - Interest payable - PENALTY - Found respondent’s failure to pay significant - Found respondent knew of obligations to keep proper records but neglected to do so adequately - Found non payment of holiday pay not result of accident or mistake - Found in mitigation nothing to indicate respondent had committed similar breach with other employees - Penalty of $1,500 payable to crown appropriate |
| Result | Applications granted ; Arrears of holiday pay ($5,562.12) ; Interest (4.5%) ; Penalty ($1,500)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s75 |
| Number of Pages | 3 |
| PDF File Link: | ca 25_10.pdf [pdf 14 KB] |