The Employment Relations Authority has upheld a claim for unpaid holiday pay, unpaid public holiday pay and unpaid sick leave.

The employee brought a claim and sought records to confirm their wages and time worked.  The employer claimed to have sent those records to the Community Law Centre (which was assisting the employee), but no such records were ever received. In addition the records provided to the Employment Relations Authority were incomplete and incorrect.

A failure to provide complete and correct records to the employee in advance and to the ERA meant that the ERA accepted the employee’s claims and the employer was ordered to pay over $8,000 in unpaid holiday pay, public holiday pay and sick leave.

It is important for employers to keep correct records of days and hours worked and payments made to the employee.  The failure to be able to provide those records means that the ERA can automatically accept employee’s claims for underpayments or non-payment.

Alan Knowsley

Employment Lawyer