| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 139 |
| Hearing date | 1 Sep 2011 |
| Determination date | 02 September 2011 |
| Member | P R Stapp |
| Representation | A Watt, D Vincent ; no appearance |
| Location | Wellington |
| Parties | Viggars v Pretty Spoilt Ltd |
| Summary | ARREARS OF HOLIDAY PAY AND RECOVERY OF MONIES – Applicant claimed respondent failed to pay holiday pay and sought reimbursement of money deducted from wages – No appearance for respondent – Applicant claimed was suggested staff have money deducted from wages to pay for staff holiday – Applicant agreed and $15 per week deducted from wages – Applicant provided pay slip as supporting evidence of deductions – Applicant claimed understood money held in account for proposed staff holiday but although money set aside no holiday took place – Applicant resigned and requested payment of outstanding holiday pay and reimbursement of contribution to holiday fund – Applicant called respondent, left messages and claimed received text from respondent that would pay amounts owing – Respondent confirmed in email money would be paid and applicant provided email as supporting evidence – No payment made by respondent – Applicant estimated $757 arrears of holiday pay and $215 deductions made by respondent for staff holiday – Authority found as no wage and time records produced by respondent applicant entitled to $757 arrears of holiday pay - $21 interest awarded - Leave reserved for applicant to apply for variation of sum awarded if outstanding holiday pay proved to be more – Found applicant entitled to reimbursement of $215 deductions for staff holiday – $5 interest awarded – COSTS – Length of investigation meeting not specified - Applicant legally aided – Respondent to pay applicant $2,070 contribution towards costs - Salon Assistant |
| Result | Applications granted ; Arrears of holiday pay ($757.89) ; Interest (5%) ; Recovery of monies ($215) ; Interest (5%) ; Costs in favour of applicant ($2,070) ; Disbursements in favour of applicant ($175.06) |
| Main Category | Arrears |
| Cases Cited | Judicature Act 1908 s87;Judicature (Prescribed Rate of Interest) Order 2011 cl3 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_139.pdf [pdf 13 KB] |