| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 94/10 |
| Hearing date | 25 Feb 2010 |
| Determination date | 03 March 2010 |
| Member | A Dumbleton |
| Representation | T Begum (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Begum (Labour Inspector) v Effective Fencing NZ Ltd |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Respondent in error as to scheduled time of investigation meeting – Applicant Labour Inspector sought unpaid holiday pay – Respondent did not dispute outstanding entitlement – Respondent sought to resist determination by Authority of claim until theft complaint against applicant could be investigated by Police – No evidence of complaint – Authority found arrears claim established – Found respondent may believe entitled to withhold payment to allow deductions of any money owing under employment agreement but provision not effective against Labour Inspector – Found respondent could apply to reopen investigation – Found arrears of holiday pay due and owing |
| Result | Application granted ; Arrears of holiday pay ($5,646.33) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA;Employment Relations Authority Regulations 2000;Holidays Act 2003 |
| Number of Pages | 4 |
| PDF File Link: | aa 94_10.pdf [pdf 19 KB] |