| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 235 |
| Determination date | 02 June 2011 |
| Member | K J Anderson |
| Representation | S de Haas (in person) ; N Barnett |
| Location | Auckland |
| Parties | De Haas v Site Works |
| Summary | ARREARS OF HOLIDAY PAY – Applicant claimed owed $988 in unpaid holiday pay – Applicant provided evidence as to how had calculated sum - At material time respondent’s owner/operator an inmate in prison – Person (“N”) took care of wage records for business on voluntary basis – Applicant engaged to N’s son (“S”) – S worked for respondent - Applicant claimed when called relationship with S off was informed all payments owing would be ‘stopped immediately’ – Authority found more probably than not applicant’s employment terminated for redundancy – N provided calculations and evidence for claim applicant paid all entitlements and had actually been overpaid by $208 - Due to conflict in evidence Authority unable to determine which party was correct – Authority unable to uphold applicant’s claims – Authority suggested if applicant wished to pursue matter further to contact Labour Inspector who may be able to utilise more appropriate resources to assist in regard to obtaining wage and time records from respondent and conducting interviews |
| Result | Application dismissed ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_235.pdf [pdf 12 KB] |