| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 65/10 |
| Hearing date | 26 Feb 2010 |
| Determination date | 12 March 2010 |
| Member | J Crichton |
| Representation | K Baldwin (in person) ; P Ashworth |
| Location | Christchurch |
| Parties | Labour Inspector (Baldwin) v Bulk Substances |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY - Applicant Labour Inspector on behalf of employee (“X”) sought arrears of wages and holiday pay – Applicant claimed in absence of respondent providing wage and time records, determination to be based on applicant’s sources - Respondent argued X paid all entitlements – Argued failure to keep records due to change in company ownership – Authority found sources used by applicant best evidence of facts in dispute, in absence of respondent’s own evidence –– Respondent ordered to pay X $11,600 arrears of wages and holiday pay - PENALTY – Applicant sought penalty award for respondent’s failure to keep proper records – Authority declined penalty on grounds failure to keep proper records partly due to previous company owners and partly due to collapse of friendship between parties – Found further, respondent honest and cooperated throughout investigation – Penalty declined – COSTS - Costs to lie where they fall - Tanker Driver |
| Result | Applications granted (Arrears of wages)(Arrears of holiday pay) ; Application dismissed (Penalty) ; Arrears of wages and holiday pay ($11,600.57) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 |
| Number of Pages | 5 |
| PDF File Link: | ca 65_10.pdf [pdf 23 KB] |