| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 31 |
| Hearing date | 23 Nov 2010 |
| Determination date | 21 January 2011 |
| Member | J Wilson |
| Representation | C McLean (in person) ; no appearance |
| Location | Hamilton |
| Parties | McLean (Labour Inspector) v AP & KE Pavich (Partnership) |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought unpaid holiday pay for former employee (“M”) of respondent - No appearance for respondent - Respondent failed to provide wage and time records - Authority accepted applicant’s calculations of outstanding holiday pay based on M’s bank record, M's recall of annual leave taken, and respondent’s IRD records - Respondent to pay applicant $2,581 holiday pay - Interest awarded - PENALTY - Applicant sought penalties for failure to provide wage and time records when requested and for failure to pay holiday pay as required - Authority found respondent’s failure to comply with legal obligations could not be dismissed as trivial or simple administrative failures - Found obligations were long-standing, basic provisions of New Zealand employment law - Found in absence of argument in mitigation from respondent penalties reflecting seriousness of breaches appropriate - Respondent to pay $2,500 penalty for failure to provide wage and time records - Respondent to pay $2,500 penalty for failing to pay holiday pay entitlement |
| Result | Applications granted ; Holiday pay ($2,581.69) ; Interest (5%) ; Penalty (Breach of Employment Relations Act 2000)($2,500)(payable to Crown) ; Penalty (Breach of Holidays Act 2003)($2,500)(payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s130(2);ERA s130(4);Holidays Act 2003 s16;Holidays Act 2003 s21;Holidays Act 2003 s22;Holidays Act 2003 s23;Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s26;Holidays Act 2003 s27;Holidays Act 2003 s28;Holidays Act 2003 s75(1)(a) |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_31.pdf [pdf 28 KB] |