| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 318/10 |
| Hearing date | 8 Jul 2010 |
| Determination date | 08 July 2010 |
| Member | R Arthur |
| Representation | D Bautista (in person) ; S Zhu, F He |
| Location | Auckland |
| Parties | Bautista v Window Answers Blinds Ltd |
| Summary | DISPUTE – Whether respondent complied with record of settlement – Respondent claimed complied with terms but applicant failed to return company property – Applicant claimed payment of money owed less than agreed and did not follow formula set out in settlement agreement – Authority found respondent calculated holiday pay using net figures instead of gross – Found respondent to pay applicant outstanding holiday pay due less PAYE and amount already paid – Found applicant to return company property – PENALTY – No penalty appropriate because respondent’s breach over matter of technical interpretation and applicant’s own non compliance |
| Result | Application dismissed (penalty) ; Questions answered ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Dispute |
| Statutes | ERA s149 |
| Number of Pages | 5 |
| PDF File Link: | aa 318_10.pdf [pdf 20 KB] |