| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 203/10 |
| Hearing date | 2 Nov 2010 |
| Determination date | 04 November 2010 |
| Member | P Cheyne |
| Representation | B McCleery (in person), D Powick (in person) ; S Johnson (in person) |
| Location | Hokitika |
| Parties | McCleery and Anor v Johnson |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicants worked on dairy farm owned by respondent - Parties disputed amount of wages, holiday pay, and reimbursement of an expense owing at termination of employment - Applicants commenced employment 13 days before date stated in written employment agreement – Parties agreed applicants could take equivalent amount of time off in first month of employment – Applicants actually only took 9 or 10 days off – Applicants did not raise matter at time – Respondent claimed should not be liable for three or four days extra salary for time actually worked because matter not raised until employment ended when too late to provide time off – Authority found under employment agreement was for employer to direct hours worked – Found applicants worked days because work had to be done and no relief workers provided - Found applicants entitled to salary for extra days actually worked – Applicants’ evidence as to number of days accepted - Dispute as to which statutory holidays worked and hours worked on those days – Applicants’ evidence preferred – Found applicants’ worked on three statutory holidays - Found applicants entitled to three lieu days each and time and half time extra for hours actually worked on statutory holidays - Applicants not paid holiday pay at termination of employment – Applicants’ employment terminated before became entitled to annual leave – Applicants took further four days off during course of employment – No deduction made from salaries at time, however, respondent deducted holiday pay from applicants final pay - Authority found Holidays Act 2003 (“HA”) permitted employee to take agreed portion of annual holiday entitlement in advance – Found no agreement that four days off were annual leave in advance - Found HA permitted deductions where annual leave taken in advance – Found did not permit deduction because employer decided at end of employment to treat days off given during employment as if were annual leave taken in advance – Found applicants to be paid holiday pay without deduction- Authority calculated amount of arrears of wages and holiday pay owed to applicants – Respondent to pay first applicant $3,365 arrears of wages and holiday pay – Respondent to pay second applicant $1,346 arrears of wages and holiday pay - Respondent to reimburse applicants $281 for motorbike service - Interest awarded - Farm Manager/Farm Manager’s Assistant |
| Result | Applications granted ; Arrears of wages and holiday pay ($3,365.36)(First applicant)($1,346.18)(Second applicant) ; Recovery of monies ($281.25)(Reimbursement for motorbike service) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s20;Holidays Act 2003 s23;Holidays Act 2003 s50 |
| Number of Pages | 6 |
| PDF File Link: | ca 203_10.pdf [pdf 24 KB] |