| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 1 |
| Hearing date | 6 Jan 2011 |
| Determination date | 06 January 2011 |
| Member | D Asher |
| Representation | J Richardson ; no appearance |
| Location | Wellington |
| Parties | Goodwin v Quinn and Anor |
| Other Parties | Kapiti Coast Holdings Ltd |
| Summary | ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant claimed not provided with written employment agreement – Applicant claimed did not receive any pay slips – Respondent claimed withheld holiday pay for cost of replacement uniform and items missing from truck – Authority found respondent unable to explain why claims not advanced earlier or why balance of holiday pay owed not paid – Found holiday pay due and owing – Interest payable – PENALTY – Applicant claimed respondent’s breach of obligation to pay holiday pay sustained and deliberate – Found applicant suffered significant harm through non payment – Found breaches deliberate and prolonged - $1,000 penalty appropriate |
| Result | Application granted ; Arrears of holiday pay ($2,500) ; Interest (5%) ; Penalty ($1,000)(Payable to applicant) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s136(2);ERA s181;Holidays Act 2003 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_1.pdf [pdf 21 KB] |