| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 385/10 |
| Hearing date | 23 Aug 2010 |
| Determination date | 25 August 2010 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Robinson (Labour Inspector) v Auckland Citicabs Combined Taxis Ltd |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant Labour Inspector sought to recover annual holiday pay due upon termination of employment to former employee of respondent – Employee requested holiday pay but not met by respondent – Respondent failed to meet applicant’s statutory request for production and inspection of wage and time records or holiday book – Respondent resisted because believed employee acted dishonestly and stole respondent’s property – Applicant pointed out police matter and entitlement to holiday pay statutory right – No further reply from respondent – Authority found applicant correctly established holiday pay entitlement – Found respondent wrongly believed entitled to withhold money as set-off – Holiday pay due and owing – Interest payable – PENALTY – Applicant sought penalty for failure to pay holiday pay and to keep or provide access to holiday and leave record - $3,250 penalty appropriate |
| Result | Application granted ; Arrears of holiday pay ($3,073.75) ; Interest 5% ; Penalty ($3,250)(payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s229 |
| Number of Pages | 3 |
| PDF File Link: | aa 385_10.pdf [pdf 16 KB] |