| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 81 |
| Hearing date | 28 Feb 2011 |
| Determination date | 03 March 2011 |
| Member | D King |
| Representation | A Taljaard (in person) ; no appearance |
| Location | Auckland |
| Parties | Taljaard v Sevans Operator Hire Ltd and Anor |
| Other Parties | Evans |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought unpaid wages and holiday pay – No appearance for respondents – Authority found amounts not disputed by first respondent (“S”) but no payment made – Found arrears of wages and holiday pay due and owing – Interest payable – PRACTICE AND PROCEDURE – Application to join second respondent (“E”) to proceedings – Found reasonable grounds for believing S unable to make requisite payments – Found applicant able to bring action for recovery against E if S defaults in payment of holiday pay and arrears of wages as ordered – PENALTY – Applicant sought penalty for unpaid holiday pay – Found $2,000 penalty appropriate |
| Result | Application granted ; Arrears of wages ($2,076.81) ; Arrears of holiday pay ($2,727.68) ; Interest (4.8%) ; Penalty ($2,000)(payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s23;ERA s228;ERA s131;ERA Second Schedule cl11;Holidays Act 2003 s75(1)(b);Holidays Act 2003 s84(2) |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_81.pdf [pdf 14 KB] |