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Active Planet Ltd v Labour Inspector Jo-Ann Duff
19 Feb 2008, J Crichton, CA 16/08, (3 pages)
PRACTICE AND PROCEDURE - Objection by applicant employer to demand notice issued by Labour Inspector - Demand notice properly served and respondent met all obligations under statute - Demand notice sought payment of unpaid holiday pay for former employee - Applicant agreed holiday pay owing but disputed amount and argued unable to pay amount in lump sum - Authority prepared to consider applicant’s request for more time to pay - Authority gave applicant time to provide Authority and respondent with employee’s wage records in support of claim amount owing incorrect - Applicant had not provided records earlier and so respondent’s calculation based on material supplied by employee - No further information provided by respondent - Authority satisfied respondent correctly calculated outstanding holiday pay based on information available - Objection to demand notice not made out - Applicant to pay sum of $2,725.80 over three months by three equal instalments - Application dismissed
Result: Application dismissed ; Arrears of holiday pay ($2,725.80) ; Costs to lie where they fall
Botes v Hair Smith Ltd
28 Apr 2008, V Campbell, AA 157/08, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - No written employment agreement - Applicant employed on commission only basis - Applicant claimed one week’s payment based on income she generated - Applicant entitled to holiday pay as employment relationship ended - Authority calculated holiday pay based on figures supplied by applicant - Respondent ordered to pay applicant $1,588.56 in unpaid wages and holiday pay
Result: Application granted ; Arrears of wages and holiday pay ($1588.56) ; Disbursements in favour of applicant ($70)(Filing fee)
Joyce v Cotton t/a Emerson Breakdown Service
18 Feb 2009, D King, AA 54/09, (3 pages)
UNJUSTIFIED DISMISSAL – No written employment agreement – No appearance for respondent – Authority’s decision based on applicant’s evidence – Applicant claimed heard rumours that respondent going to terminate employment but nothing said to applicant – Respondent told applicant not to worry about wages as just quiet period – Applicant telephoned respondent to enquire about wages and was told no longer had job and had been given notice two weeks prior – Applicant claimed given no notice – Authority found dismissal unjustified – Remedies – Authority satisfied applicant entitled to notice period, reimbursement of lost wages and compensation for humiliation etc - ARREARS OF HOLIDAY PAY – Wage and time records requested but not supplied - Applicant unsure how much annual leave taken, but claimed owed at least four weeks’ annual leave – Authority satisfied four weeks’ annual leave owing - COSTS – Authority found applicant’s costs reasonable - Respondent to pay applicant’s full costs plus filing fee - Breakdown service technician
Result: Application granted ; Reimbursement of lost wages ($2,400)(three weeks plus one week in lieu of notice) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay ($2,400) ; Costs in favour of applicant ($1,250) ; Disbursements in favour of applicant ($70)(filing fee)
Langton v Sensation Yachts Ltd
12 Feb 2009, V Campbell, AA 44/09, (3 pages)
ARREARS OF WAGES – Applicant claimed outstanding wages and holiday pay – No statement in reply and no appearance by respondent – Authority found respondent had not shown good cause for failure to appear – When applicant had returned from leave, respondent advised was unable to pay wages for past two weeks due to economic conditions – Applicant claimed was later paid for first of two weeks, but not paid since – Authority satisfied wages owing – Respondent had instructed applicant to take eight days annual leave – Respondent reduced leave balance accordingly – Authority found instruction to take leave unfair and unreasonable – Found no consultation with applicant and one day’s notice insufficient – Applicant entitled to receive holiday pay to which became entitled at end of employment relationship – Holiday pay calculated at eight percent of gross earnings
Result: Application granted ; Arrears of wages ($2,804.09) ; Arrears of holiday pay ($2,881.18) ; Disbursements in favour of applicant ($70)(filing fee)
Ranby v Simply Stitches Ltd
18 Feb 2009, L Robinson, AA 55/09, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY – In previous Minute, Authority directed respondent to provide wage and time records to Authority – No response to Authority’s Minute - No appearance by respondent – Part time employment – Applicant claimed not paid wages for final two weeks of work and for later tutoring – Applicant’s evidence accepted by Authority because unchallenged – Authority found respondent’s director admitted liability in earlier correspondence – Authority found wages and holiday pay owing
Result: Application granted ; Arrears of wages ($1,852.12) ; Arrears of holiday pay ($627.12)
Reid (Labour Inspector) v Barmuda Ltd
29 Jan 2009, D King, AA 25/09, (6 pages)
ARREARS OF HOLIDAY PAY – Applicant alleged respondent failed to pay former employee (“M”) holiday pay during thirteen months of employment – Employment ceased five years prior – Applicant sought records for period in question - M’s individual employment agreement lost in flood – Respondent’s hard drive failed and information stored on computer lost – Authority accepted respondent supplied all documents that was able to access and that no fault of respondent’s in losing other documents – M received holiday pay on “pay as you go” basis – Authority found M initially employed on casual basis, then moved to full time fixed term position – Authority preferred respondent’s evidence that M signed employment agreement (“EA”) upon starting fixed term position – Found EA provided holiday pay to be paid in wages – Holidays Act 1981 (“HA 1981”) repealed by Holidays Act 2003 (“HA 2003) during M’s employment – Under HA 1981, during M’s casual employment and part of full time fixed term employment, pay as you go basis for holiday pay complied with legislation – When HA 2003 came into force, M employed for further two weeks before fixed term employment expired – Authority found s28(1)(c) HA 2003 not satisfied, because holiday pay element identified on respondent’s payroll but not on M’s payslips – Authority did not accept respondent’s argument that unreasonable to adjust payroll system to accord with new legislation – As not all statutory criteria met, M entitled to holiday pay at 6% for two week period between when HA 2003 came into force and when fixed term employment expired – Interest owing from date employment ceased to when payment made in full – Duty manager
Result: Application granted ; Holiday pay (quantum to be determined) ; Interest (5.7%) ; Costs reserved
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