| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 180 |
| Hearing date | 27 Oct 2011 |
| Determination date | 16 November 2011 |
| Member | G J Wood |
| Representation | G Ogilvie ; T Philip-Wright |
| Location | Wellington |
| Parties | Jackson v Capital Communiations Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed not paid sufficient notice or holiday pay upon termination of employment – Applicant dismissed for redundancy – Employment agreement did not provide for notice period – Respondent offered applicant two weeks notice – Applicant claimed four weeks was reasonable notice – Authority found applicant in effect only given two days notice – Applicant claimed had not taken holidays on number of days claimed by respondent – Authority accepted respondent’s evidence that categorised all leave as annual leave unless told otherwise – Found leave recorded on payslips – Found respondent correctly categorised leave with exception of three occasions – Applicant paid two weeks salary after employment ended but payment may have been by mistake – Found applicant owed three days leave wrongly categorised as annual leave – Found applicant paid two weeks and two days notice in total – Found applicant was senior employee and had long period of employment with respondent – Found four weeks notice appropriate – $2,115 arrears of wages and holiday pay appropriate – COSTS – Less than half day investigation meeting – Applicant sought $2,500 contribution to $3,600 total costs – Found much communication involved and preparation required for personal grievance claim not pursued – $750 contribution to costs appropriate – Sales Manager |
| Result | Application granted ; Arrears of wages and holiday pay ($2,115.30) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Arrears |
| Cases Cited | Aoraki Corporation v McGavin [1998] ERNZ 601 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_180.pdf [pdf 17 KB] |