| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62/02 |
| Hearing date | 19 Jul 2002 |
| Determination date | 26 July 2002 |
| Member | P R Stapp |
| Representation | Rielly (In person) ; No appearance |
| Location | Wellington |
| Parties | Rielly v Shane O'Keefe & Professional Cleaning Services (2001) Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondents - Alleged non-payment of bonus or holiday pay - First respondent adjudged bankrupt - Proceedings against first respondent stayed - Arrears claim against second respondent made out - PENALTY - Alleged unilateral reduction in hourly rate - Claimed unilateral variation of method of payment - Alleged failure to pay holiday pay - Reduction in hourly rate breached employment agreement - Variation of method of payment breached Wages Protection Act 1983 - Failure to provide written employment agreement breached ERA - Penalty claim for breaches of Holidays Act 1981 could only be brought by labour inspector - Penalty for Holidays Act 1981 unsustainable - Appropriate case for penalty award for other breaches - Cleaner |
| Result | Application granted ; Arrears of wages and holiday pay ($131.40) ; Penalty ($1,250)(Payable to applicant) ; Costs in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s64;ERA s136(1);Holidays Act 1981 s21(2);Holidays Act 1981 s34(1)(a);Holidays Act 1981 s35(a);Wages Protection Act 1983 s9 |
| Number of Pages | 4 |
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