| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 285 |
| Hearing date | 21 May 2011 |
| Determination date | 04 July 2011 |
| Member | R Larmer |
| Representation | R Brown (in person) ; M Page |
| Location | Gisborne |
| Parties | Brown (Labour Inspector) v North West Logging Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought unpaid holiday pay for former employee (TW") of respondent - Respondent conceded TW had not been paid any holiday pay upon termination - However, respondent claimed TW not entitled to holiday pay due to providing inadequate notice and causing damage to work truck -Respondent sought to raise counterclaim over damage to work truck - Authority found counterclaim not raised in Statement in Reply and respondent to file Statement of Problem against TW if wanted matter determined - However, found appropriate to consider issue in determining any deductions from holiday pay - Applicant conceded deduction should be made for providing inadequate notice - Respondent claimed TW gave verbal consent to decision not to pay holiday pay due to damage caused to work truck - Respondent claimed employment agreement provided TW's written consent to deduct damage to work vehicles from final pay - Applicant denied giving any consent - Found no consent provided - Found appropriate to accept applicant's calculations of owed holiday pay as respondent provided no contrary evidence - Found respondent wrong to withhold holiday pay upon termination - Found applicant entitled to $5,472 arrears of holiday pay - Interest payable - PENALTY - Applicant claimed respondent did not provide wage and time records upon request - Respondent claimed applicant advised compliance optional - Found applicant's version of events more likely - Respondent claimed did not provide requested information as received no response to email asking for clarification over dates of payslips requested - Found explanation unsatisfactory as applicant clearly communicated required information - Found respondent's breach deliberate and serious - $3,000 penalty appropriate - Foreman" |
| Result | Applications granted ; Arrears of holiday pay ($5,472.72) ; Interest (5%) ; Penalty ($3,000)(Payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s4(1A);ERA s130;ERA s130(1);ERA s130(2);ERA s229(1)(c);ERA s229(1)(d);ERA s229(3);Holidays Act 2003;Holidays Act 2003 s24(2);Holidays Act 2003 s25(2);Holidays Act 2003 s27(1)(b);Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act 1983 s5(2) |
| Number of Pages | 14 |
| PDF File Link: | 2011_NZERA_Auckland_285.pdf [pdf 39 KB] |