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Employee awarded $15,000 compensation after deductions made from holiday pay…
An employee has resigned after over $1,700 was deducted from her holiday pay for training costs. The employee raised her concerns with the employer on two occasions but the employer failed to address them.
The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified disadvantage.
The ERA held that the employer was not entitled to make deductions from the employee’s holiday pay unless expressly provided for in the Holidays Act.
The ERA also found that the employer had breached the employee’s employment agreement by failing to pay the employee into her bank account, not giving the employee notice of a change in roster, and by not conducting an annual performance review or settling employment objectives.
The ERA ordered the employer to pay a $2,000 penalty, and $15,000 to the employee in compensation for humiliation, loss of dignity and injury to feelings.