Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 141/10
Hearing date 1 Jul 2010
Determination date 01 July 2010
Member P Cheyne
Representation S Burrowes ; no appearance
Location Christchurch
Parties Burrowes v The Club at Terrace Downs Ltd
Summary ARREARS OF HOLIDAY PAY - No appearance for respondent = Applicant claimed did not receive all holiday pay owing following dismissal for redundancy - Respondent claimed applicant did not complete appropriate documentation when went on holiday and not owed sum claimed - Applicant’s employment agreement specified salary and required performance standards but not specific days or hours of work - Respondent accepted owed applicant some holiday pay but should be off set against number of days applicant should have been regarded as on annual leave as not at work - Authority rejected respondent’s argument as employment agreement did not specify particular days had to be worked provided performance standards met - No dispute applicant met performance standards - Applicant’s evidence of holiday pay owing accepted - Respondent to pay applicant $4,631 arrears of holiday pay
Result Application granted ; Arrears of holiday pay ($4,631.55) ; Disbursements in favour of applicant ($70)(filing fee)
Main Category Arrears
Number of Pages 3
PDF File Link: ca 141_10.pdf [pdf 15 KB]