| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 123 |
| Hearing date | 20 Jul 2011 |
| Determination date | 22 July 2011 |
| Member | P R Stapp |
| Representation | G A Koornneef ; A Leulu |
| Location | Wellington |
| Parties | The New Zealand House Inspection Co (Wellington) Ltd v Medway (labour inspector) |
| Summary | PRACTICE & PROCEDURE – Objection to Demand Notices – Applicant objected to demand notices for payment of holiday pay issued by respondent – Applicant claimed not obliged to pay sums as employees did not complete obligations under employment agreements, did not return company property and caused loss of income to applicant – Respondent sought leave to withdraw claim for applicant sole director to be joined to proceedings – Authority found appropriate for respondent to withdraw claim – Found no enforcement action taken by applicant over alleged contractual issues – Found matters raised by applicant in objection entirely separate matters – Found respondent met statutory requirements in issuing demand notices – Found evidence provided did not meet threshold for instalment arrangements – Applicant to pay sums specified in demand notices – Interest payable – Leave granted to vary order if mutual agreement on payment reached and to return to Authority on issue of instalment arrangement |
| Result | Application dismissed ; Arrears of holiday pay ($5,307.19)(first employee) ($5,385.69)(second employee) ; Interest (5%)(first employee) (5%)(second employee) ; Costs lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s159;ERA s221;ERA Second Schedule cl11;Judicature (Prescribed Rate of Interest) Order 2011 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_123.pdf [pdf 20 KB] |