| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 124 |
| Hearing date | 4 Mar 2011 |
| Determination date | 30 March 2011 |
| Member | R A Monaghan |
| Representation | M MacRury (in person) ; W Pedersen |
| Location | Auckland |
| Parties | Macrury (Labour Inspector) v The Nuthatch Cottage (2001) Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought unpaid holiday pay on behalf of former employee of respondent – Respondent claimed applicant already paid holiday pay – Respondent claimed applicant paid holiday pay over Christmas shut down period – Authority found allowance must be made for annual leave paid over shutdown period – Found respondent failed to provide leave records – Found applicant’s total annual earnings indicated applicant worked part time but worked some full time hours – $3,863 arrears of holiday pay due and owing – Interest payable – PENALTY – Applicant sought penalty for failure to pay holiday pay – Found action for penalty commenced in time – Found had respondent provided records when first sought by applicant, matter could have been resolved then – $500 penalty appropriate – Applicant sought penalty for failure to provide wage and time records – Found request for records sent to wrong address – No penalty awarded – Applicant sought penalty for breach of good faith – Found no evidence that failure to provide written employment agreement reached level required to warrant penalty – No penalty awarded – Retail Assistant |
| Result | Application granted ; Arrears of holiday pay ($3,863.60) ; Interest (4.6%) ; Penalty ($500)(Failure to pay holiday pay)(Payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s4A(b)(ii);ERA s142;Holidays Act 2003 s75(a);Holidays Act 2003 s75(e);Holidays Act 2003 s81;Holidays Act 2003 s82;Holidays Act 2003 s83 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_124.pdf [pdf 22 KB] |