| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 129/10 |
| Hearing date | 27 May 2010 |
| Determination date | 02 June 2010 |
| Member | H Doyle |
| Representation | J Henning ; no appearance |
| Location | Christchurch |
| Parties | Labour Inspector (Henning) v Outdoor Creations (Dunedin) Ltd |
| Summary | ARREARS OF WAGES – No appearance for respondent – Applicant Labour Inspector sought on behalf of employee (“X”) $1,614 arrears of wages – Respondent failed to keep wages and time records - No written employment agreement – Respondent argued no arrears due and owning – Applicant claimed no basis for disputing arrears – Respondent advised applicant would pay X sum owed in instalments – No payments made – Authority found amount claimed correct – Authority ordered respondent to pay to X $1,614 arrears of wages – Interest payable - PENALTY – Applicant sought penalty for respondent’s breach of statutory obligation to pay annual holiday pay, public holiday and bereavement leave – Authority found respondent under financial difficulties however made no attempt to liaise with applicant – Found $600 penalty warranted |
| Result | Applications granted ; Arrears of wages ($2,14.67)(Annual holiday leave) ($700)(Public holiday leave) ($700)(Bereavement leave) ; Interest (4%) ; Penalty ($600) ($300)(Payable to Crown) ($300)(Payable to employee) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA cl11, sch2;Holidays Act 2003, s8;Holidays Act 2003, s75 |
| Number of Pages | 6 |
| PDF File Link: | ca 129_10.pdf [pdf 17 KB] |