| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 4 |
| Hearing date | 23 Dec 2011 |
| Determination date | 09 January 2012 |
| Member | R A Monaghan |
| Representation | S Bartholomew (in person) ; no appearance |
| Location | Auckland |
| Parties | Bartholomew and Ors v BNJ Sports Company Ltd t/a Harbour Fitness |
| Other Parties | Peat, McKay, Whyte, Warren, Zhang, I Bahn, Rangihaeata, K Bahn, Ah-Siu, Shaw, Lesatele, Share, Ogg |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought unpaid wages and holiday pay – No appearance for respondent – Authority satisfied substituted service requirements met and applicant had notice of investigation meeting – Authority found applicant had not shown good cause for failure to attend investigation meeting – Respondent changed locks to workplace and told applicants another company (“X”) had taken over lease – Applicants claimed respondent owed applicants wages, holiday pay and in some cases commission – Found arrears of wages and holiday pay due and owing - JURISDICTION – Whether employee or contractor - Third applicant (“M”) was engaged by respondent as contractor – Found M contractor – No employment relationship – No jurisdiction |
| Result | Applications granted (arrears of wages and holiday pay) ; Arrears of wages ($784)(first applicant) ($245)(second applicant) ($697)(fourth applicant) ($2,184.90)(fifth applicant) ($640)(sixth applicant) ($970)(seventh applicant) ($307.50)(eighth applicant) ($640)(ninth applicant) ($384)(twelfth applicant) ($211.25)(thirteenth applicant) ($271.75)(fourteenth applicant) ; Arrears of holiday pay ($3,434.40)(first applicant) ($1,123.36)(second applicant) ($4,352.77)(fourth applicant) ($3,240.38)(fifth applicant) ($1,635.82)(sixth applicant) ($2,382.70)(seventh applicant) ($1,143)(eighth applicant) ($3,856.24)(ninth applicant) ($2,183.40)(tenth applicant) ($302.61)(eleventh applicant) ($1,968.17)(twelfth applicant) ($325.74)(thirteenth applicant) ($2,055.90)(fourteenth applicant) ; No order for costs ; Disbursements in favour of applicants ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12;Employment Relations Authority Regulations r16 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_4.pdf [pdf 15 KB] |