| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 217/10 |
| Hearing date | 23 Jul 2010 |
| Determination date | 30 November 2010 |
| Member | H Doyle |
| Representation | J Duff ; M Deacon |
| Location | Balclutha |
| Parties | Labour Inspector (Duff) v Clutha Licensing Trust |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought unpaid wages and holiday pay for former employees of respondent – Respondent did not accept amounts calculated – Respondent claimed amounts overstated and did not take into account weeks when employees paid in excess of minimum wage – Respondent claimed bonus should have been taken into account – Respondent claimed should be deduction from wages for board or lodgings – Authority found salary paid on basis of 40 hour week at minimum wage but Ms Unahi (“U”) and Mr Webster (“W”) worked in excess of 50 hours as expressed as base hours required – Found paid hours also did not resemble hours worked by Mr and Mrs Chambers (“C”) – U and W claimed purchased groceries for own consumption – C claimed stock purchased for hotel separate to that purchased for flat – Respondent claimed employees entitled to meals whilst on duty – Found employees did not eat regularly at hotel – Found employees not provided with board – Found appropriate deduction made for lodgings – Found Labour Inspector not required to average weekly payments made over entire period of employment by taking into account weeks where more than minimum wage paid – Found bonus paid inclusive of holiday pay so should be deducted in calculating shortfall – Found reassessment required – Parties to make final calculations – Found holiday pay payable on amounts owing – Interest payable – PENALTY – Found genuine difference in method of calculation – No penalty awarded – Joint Hotel Managers |
| Result | Application dismissed (penalty) ; Application granted (arrears of wages and holiday pay) ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;Minimum Wage Act 1983 s7 |
| Cases Cited | Idea Services Ltd v Dickson (2010) 9 NZELC 93,403;Sealord Group v NZ Fishing Guild [2005] ERNZ 535 |
| Number of Pages | 11 |
| PDF File Link: | ca 217_10.pdf [pdf 35 KB] |