| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 58 |
| Hearing date | 17 Jan 2011 |
| Determination date | 11 February 2011 |
| Member | A Dumbleton |
| Representation | T Corin ; N Tomsett |
| Location | Auckland |
| Parties | Pakinga v Coromandel Pennisular Couriers Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought $755 unpaid holiday pay – Authority found employment ended by resignation – At time applicant finished work claimed unable to perform work because of health problems – Respondent claimed parties discussed annual leave owing and deduction made for personal cell phone calls made by applicant during employment – Respondent claimed applicant required to forfeit annual leave owing in lieu of giving notice of termination – Applicant disputed assessment of annual leave taken – Applicant claimed never told about requirement to pay for private telephone calls – Applicant claimed respondent could not invoke provision requiring two weeks’ notice of termination or forfeit two weeks’ pay in lieu of notice – Applicant claimed unable to work out notice because of health problems – Authority accepted respondent’s assessment of annual leave owing to applicant – Found detailed business records verified annual leave taken – Found respondent entitled to require applicant to pay for private use of cell phone – Found no provision in employment agreement to allow for personal use of telephone – Found express provision in employment agreement authorising deductions for monies owing – Found signed written agreement allowing deduction – Found two weeks’ notice required to terminate employment relationship – Found deduction of two weeks’ pay in lieu of notice permitted – Found no discussion as to possibility applicant could work out notice on light duties – Found no balance left unpaid to applicant – Driver |
| Result | Application dismissed ; No order for costs |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s5 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_58.pdf [pdf 15 KB] |