| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 420/10 |
| Determination date | 23 September 2010 |
| Member | K J Anderson |
| Representation | R Keightly ; M Jenkins |
| Location | Auckland |
| Parties | Keightly (Labour Inspector) v Radiator Repair Services Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay on behalf of employee - Applicant sought unpaid annual holiday pay for duration of employee’s employment from 2000 to 2008 - Respondent accepted amount owed but claimed ceased trading and expected to be placed in liquidation by Inland Revenue Department - Found respondent not currently in liquidation - Found while appeared employee would have difficulty obtaining any money owed Authority obliged to fulfil role and determine matter - Authority found given respondent accepted applicant’s calculations and Authority had no reason to doubt calculations applicant’s claim succeeded - Authority considered whether part of claim time barred by Limitation Act 1950 or Employment Relations Act 2000 - Found obligation to pay only arose when employee’s employment ended and that date was well within limitation period - Found view reinforced by s24 Holidays Act 2003 (“HA”) - Respondent to pay applicant outstanding annual holiday pay within 28 days of date of determination - Interest awarded - PENALTY - Applicant sought penalty for non compliance with HA - Authority found given overall circumstances pertaining to trading position of respondent penalty not appropriate - Application declined |
| Result | Application granted (Arrears of holiday pay) ; Holiday pay ($11,420.52) ; Interest (5%) ; Application dismissed (Penalty) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s142;ERA Second Schedule cl11;Holidays Act 1981;Holidays Act 2003;Holidays Act 2003 s24;Limitation Act 1950 s4(1)(d) |
| Cases Cited | Burns v Radio Pacific Ltd [1998] 3 ERNZ 559;Napier Aero Club Inc v Tayler [1998] 1 ERNZ 241 |
| Number of Pages | 3 |
| PDF File Link: | aa 420_10.pdf [pdf 18 KB] |