Here is the dialogue on the first thread
If the holidays have been taken in advance, then you would only owe the holiday pay at the anniversary of the last holiday. Holiday pay is accumulative, so if it is taken in advance, then the further entitlement starts at the anniversary. If he leaves a year after the last holiday, then you may owe nothing
12 May 2017, 6:35 PM
I think a line in my original email went astray.
He took the holidays as stated.
Are you familiar with NZ employment law?
1st year he is not entitled to any holidays but can take holidays in advance by agreement. The days taken are deducted from the following years entitlement.He did this in 2nd year in 3rd year he took ten days but left approx half way through year. He states that he is still owed 10 days plus 8% of his annual salary. Is he correct
12 May 2017, 7:20 PM
I am new ealand lawyer based in Wellington and familar with employment law
12 May 2017, 7:22 PM
I would prefer a written response so that I can produce it at our next mwwting
12 May 2017, 7:22 PM
If he did not take the holidays in the first year, the issue may be whether your employment contract permits banking of holidays. Does it do that? Some contracts say that if you dont take the holidays in the year they then cannot be taken. But most do permit accumulation. So at the end of year one he has 4 weeks. The next year he has the same and in the last year it is 2 weeks (more or less), so you look at what time he has taken out of that period of 2.5 years, and then see if he is owed more
12 May 2017, 7:26 PM
In the 1st year he took Holidays:
year 1- 15 days +5 days cash(by agreement)
year 2- 20 days
year 3- 9 days
TOTAL: 44 days
My question relates to the last year. I calculated that he started the year with no owing holidays and started to take them in advance against the entitlement for the next year ( 2017) but having left before the end of 2107 he says he is still entitled to the balance of the annual amount of 20 days + 8%. Are you able to explain his thinking
12 May 2017, 7:35 PM
Did you get my last email
12 May 2017, 7:40 PM
This isnt an email system, it is based on posts on this forum.
But I agree with your calculation. If he started with no holidays owing he only gets the proportion of the period he works, not the holidays in advance