| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/10 |
| Hearing date | 30 Sep 2009 |
| Determination date | 05 February 2010 |
| Member | P Montgomery |
| Representation | J Dirkzwager ; N Appana |
| Location | Christchurch |
| Parties | Labour Inspector (Dirkzwager) v Jisana Properties (NZ) Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant Labour Inspector claimed unpaid public holidays and unpaid holiday pay when employment ceased – Applicant sought interest on sums – Respondent acknowledged payment owed for three statutory days worked – Respondent denied owed fourth statutory day as bar closed – Respondent argued fortnightly salary included annual leave entitlement – Respondent claimed employment on fixed term basis – Authority found employment was permanent part time not fixed term – Found no written employment agreement – Found holiday pay identified as taxable allowance and paid at correct rate – Found bar closed on fourth statutory day and applicant did not work – Found holiday pay due and owing – Found unpaid statutory days due and owing – PENALTY – Applicant sought penalty for breaches of Holidays Act 2003 and Employment Relations Act 2000 – Authority denied to award penalty or interest because found affidavit supporting claim for fourth statutory day disingenuous – Manager |
| Result | Application granted ; Arrears of holiday pay ($2,829.86) ($833.40)(unpaid statutory days) ; Application dismissed (penalty) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s66;ERA s229(3);Holidays Act 2003 s23;Holidays Act 2003 s24;Holidays Act 2003 s27;Holidays Act 2003 s28;Holidays Act 2003 s46;Holidays Act 2003 s56;Holidays Act 2003 s81 |
| Number of Pages | 5 |
| PDF File Link: | ca 27_10.pdf [pdf 23 KB] |