| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 142 |
| Hearing date | 13 Sep 2011 |
| Determination date | 13 September 2011 |
| Member | G J Wood |
| Representation | A Kendrick (in person) ; no appearance |
| Location | Palmerston North |
| Parties | Kendrick (Labour Inspector) v Northern Star Group (NZ) Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought unpaid holiday pay – No appearance for respondent – Respondent claimed unable to pay applicant and respondent in liquidation – Authority found respondent still registered company – Found applicant did not receive holiday pay due – Applicant claimed $1,432 remained unpaid – Found sum could not be definitely ascertained because of respondent’s failure to engage with applicant – Applicant made many attempts to get wage and time and holiday records from respondent without success – Found unpaid holiday pay due and owing – PENALTY – Applicant sought penalties for failure to pay holiday pay when due and for non-provision of wage and time records to Labour Inspector – Found respondent deliberately failed to meet legal requirements to pay holiday pay and provide wage and time records – $3,000 penalty for each breach appropriate – Interest payable |
| Result | Application granted ; Arrears of holiday pay ($1,432.67) ; Penalty ($6,000)(Payable to Crown) ; Interest (5%) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s135;ERA s229;ERA Second Schedule cl12;Holidays Act 2003 s27;Holidays Act 2003 s75 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_142.pdf [pdf 16 KB] |