| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 219/10 |
| Hearing date | 7 May 2010 |
| Determination date | 11 May 2010 |
| Member | V Campbell |
| Representation | J Sanson (Applicant in person) ; A Reid (Respondent in person) |
| Location | Hamilton |
| Parties | J.S. Sanson Ltd v Reid (Labour Inspector) |
| Summary | PRACTICE AND PROCEDURE – Applicant objected to demand notice – Applicant served with demand notice requiring payment of holiday pay to former employee – Applicant claimed holiday pay not owing because employee paid for hours not worked – Applicant claimed payment ought to be deducted from holiday pay owing – Employment agreement (“EA”) stated any hours worked over contracted hours would be replaced in lieu during a year – Authority found employee took additional paid leave in excess of lieu accrued – Respondent claimed some hours not worked because no work to be undertaken, while others not worked because employee failed to turn up – Found EA did not provide for deductions for time lost by default of employee – Found holiday pay due and owing – COSTS – Costs to lie where they fall – Farm hand |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s224;ERA s226 |
| Number of Pages | 3 |
| PDF File Link: | aa 219_10.pdf [pdf 17 KB] |