| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 153/10 |
| Hearing date | 29 Mar 2010 |
| Determination date | 01 April 2010 |
| Member | A Dumbleton |
| Representation | D Myatt (in person) ; no appearance |
| Location | Auckland |
| Parties | Myatt (Labour Inspector) v Antipodean Growers Ltd |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Respondent ceased trading – Employees engaged by new occupiers of land to work – Applicant Labour Inspector sought unpaid holiday pay – Respondent unavailable to attend investigation meeting because overseas – Authority satisfied entitlements of employees to holiday pay made out – Found claims went back further than six years but no bar to claims as entitlement did not crystallise until employment ended less than year ago – Interest payable – PENALTY – Found breaches not deliberate – Found respondent responsible for setting up secure systems and keeping records to ensure what holidays had been taken and what entitlements were due – Found respondent acknowledged entitlements but failed to pay them – Found penalty appropriate |
| Result | Application granted ; Arrears of holiday pay ($9,766.89)(first employee) ($11,229.48)(second employee) ; Interest (4%) ; Penalty ($4,000)(payable to Crown) ; Disbursements in favour of applicant ($140)(filing fees) ; No order for costs |
| Main Category | Arrears |
| Statutes | Employment Relations Authority Regulations 2000 r8(3);Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s26;Holidays Act 2003 s75 |
| Number of Pages | 4 |
| PDF File Link: | aa 153_10.pdf [pdf 15 KB] |