| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 161/10 |
| Hearing date | 30 Mar 2010 |
| Determination date | 07 April 2010 |
| Member | R Arthur |
| Representation | M Tan ; V Godhino, K Coelho |
| Location | Auckland |
| Parties | Tan & Anor v Broadwater Hair and Beauty Ltd |
| Other Parties | Tan |
| Summary | ARREARS OF WAGES - ARREARS OF HOLIDAY PAY - Applicants claimed owed wages, holiday pay and a notice period following dismissal - Dispute between parties as to whether applicants guaranteed a minimum of 32 hours each week - Employment agreement, which applicants did not sign, specified a minimum of 32 hours a week - Found for first week of employment applicants should have been paid for minimum 32 hours - Found applicants agreed to reduction in minimum hours to 24 when advised not enough work available - Found for rest of employment applicants should have been paid for minimum 24 hours a week - Wage and time records showed applicants only paid for actual hours work - Respondent to pay applicants difference between hours worked and minimum hours - Respondent to pay applicants 8 percent of gross earnings for duration of employment as holiday pay - Found applicants effectively made redundant when told no more permanent and ongoing work available - Found employment agreement provided for two weeks notice in event of termination for redundancy - Respondent to pay applicants two weeks pay in lieu of notice each - Beauty Therapist |
| Result | Applications granted ; Arrears of wages ($1050)(Applicant 1)($1070)(Applicant 2) ; Holiday pay ($256)(Applicant 1)($260.80)(Applicant 2) ; Pay in lieu of notice ($960)(Both applicants) ; Disbursements in favour of applicants ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | aa 161_10.pdf [pdf 17 KB] |