| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 131/10 |
| Hearing date | 10 Mar 2010 |
| Determination date | 22 March 2010 |
| Member | G J Wood |
| Representation | W Jacob ; P Clotworthy (in person) |
| Location | Auckland |
| Parties | Jacob Demolition and Building Supplies Ltd v Clotworthy |
| Summary | RECOVERY OF MONIES - Applicant claimed wrongly paid applicant for public holidays not entitled to - Respondent claimed entitled to payment for public holidays would otherwise have worked - Applicant accepted paid holiday pay as part of hourly rate - Claimed if paid holiday pay then not paid two weeks pay in lieu of notice parties agreed to and that factor should be set off against any overpayment of holiday pay - Found respondent paid for two public holidays which did not work but would otherwise have ordinarily worked - Found respondent entitled to payment for those public holidays under Holidays Act 2003 - Respondent resigned - Respondent claimed parties agreed to pay respondent two weeks pay in lieu of notice instead of respondent working out notice period - Applicant decided not to pay as no provision for pay in lieu of notice in employment agreement but did not inform respondent - Found agreement for two weeks pay in lieu of notice binding on parties even though not contained in employment agreement - Found appropriate to deduct two weeks wages from holiday pay parties agreed overpaid - Respondent to pay applicant overpayment for holiday pay |
| Result | Application granted ; Recovery of monies ($972.72) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | Holidays Act 2003 |
| Number of Pages | 3 |
| PDF File Link: | aa 131_10.pdf [pdf 12 KB] |