| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 32 |
| Hearing date | 26 Oct 2010 - 27 Oct 2010 (2 days) |
| Determination date | 24 January 2011 |
| Member | R Larmer |
| Representation | D Flaws ; R Harrison |
| Location | Auckland |
| Parties | Barzegari v Little Turkish Cafe |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed respondent failed to pay applicant minimum wage, three days sick leave, public holidays, annual holiday pay or wages for last week of work – Respondent admitted did not pay applicant for last week of work, public holidays worked by applicant or accrued holiday entitlements upon termination – Authority preferred applicant’s evidence of start date – Authority preferred applicant’s evidence record of hours worked kept and applicant’s records accurate – Found applicant not paid minimum wage – Found applicant entitled to payment for last two days of notice period despite being told to remain away from work – Applicant claimed entitled to extra payment for weekends – Found no statutory entitlement to higher pay for weekend work and no agreement between parties for payment at higher rate – Found applicant did not take any annual leave – Found applicant entitled to 8 percent of total gross earnings as holiday pay upon termination – Found applicant underpaid for sick leave and entitled to payment based on relevant daily pay – Authority preferred applicant’s evidence as to number of public holidays worked – Found applicant entitled to be paid time and a half for hours worked on nine public holidays and alternative day’s holiday for each public holiday worked – Found applicant entitled to be paid relevant daily pay for two public holidays not worked – Found arrears of wages and holiday pay due and owing – Found arrears owed to applicant not calculated by parties in evidence – Parties to calculate and agree on total amount owed to applicant |
| Result | Application granted ; Arrears of wages and holiday pay (parties to calculate and agree on total amount owed) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s9;Holidays Act s49;Holidays Act 2003 s50;Holidays Act s56;Holidays Act 2003 s71 |
| Number of Pages | 15 |
| PDF File Link: | 2011_NZERA_Auckland_32.pdf [pdf 41 KB] |