| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 284/10 |
| Hearing date | 23 Mar 2010 |
| Determination date | 16 June 2010 |
| Member | K J Anderson |
| Representation | P Keightley (in person) ; J Pye |
| Location | Auckland |
| Parties | Keightley (Labour Inspector) v Blisland Dairies Ltd |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – RECOVERY OF MONIES – Applicant Labour Inspector sought $1,686 arrears of wages and holiday pay on behalf of employee (“X”) – Respondent argued employment agreement (“EA”) provided employer’s right to withhold wages if employee damaged property – Authority found respondent failed to prove X responsible for damage – Found respondent had no evidence of condition of property prior to X commencing employment – Found respondent not entitled to withhold wages pursuant to EA – Found however, respondent entitled to reimbursement of value of furniture wrongfully taken by X – Found $1,686 arrears of wages and holiday pay due and owning less reimbursement for value of furniture taken – PENALTY – Applicant sought penalty against respondent for faiure to comply with Holiday Act 2003 – Authority found while respondent believed exercising lawful rights under EA, respondent failed to keep and maintain wage and time records – Found $200 penalty warranted |
| Result | Applications granted (Arrears of wages)(Arrears of holiday pay)(Recovery of monies-Removal of furniture)(Penalty) ; Application dismissed (Recovery of monies-Damage to property) ; Arrears of wages ($299.96)(Pay for day in lieu) ; Arrears of holiday pay ($1,386.44) ; Recovery of monies (Value of furniture)(Quantum to be determined) ; Penalty ($200)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;ERA s232;ERA s232(4) |
| Number of Pages | 6 |
| PDF File Link: | aa 284_10.pdf [pdf 26 KB] |