| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 66 |
| Determination date | 23 February 2012 |
| Member | K J Anderson |
| Representation | P Skelton ; J Richardson (in person) |
| Location | Auckland |
| Parties | Koerselman v Joiners NS Ltd (in liquidation) and Anor |
| Other Parties | Richardson |
| Summary | PENALTY – Applicant sought penalty against second respondent (“R”) for being party to breach of applicant’s employment agreement with first respondent (“J”) – Applicant claimed J failed to pay wages and holiday pay due and owing – Authority previously issued consent determination for payment of unpaid wages and holiday pay – Authority found J failed to pay monies due by specified date – Found part of sum paid – Found J placed in liquidation therefore proceedings against J stayed – Found J breached employment agreement (“EA”) by refusing to pay monies owed – Found J failed to comply with consent determination – Found R was sole director and shareholder of J and sole person responsible for financial liabilities and therefore was mind of company – Found R incited, instigated, aided and or abetted breach of applicant’s EA – Found R liable for penalty accordingly – Found penalty payable to applicant – COSTS – Applicant sought $1,750 contribution to costs – Found given applicant represented by very experienced counsel, could be reasonably assumed that sum sought was reasonable – Found R to pay $1,750 contribution to costs to applicant |
| Result | Application granted ; Penalty ($2,000)(Payable by R to applicant) ; Costs in favour of applicant ($1,750) |
| Main Category | Penalty |
| Statutes | ERA s134(1);ERA s134(2);ERA s136(2);ERA s137(2);ERA Second Schedule cl15;Companies Act 1993 s248(1)(c);Labour Relations Act 1987 s202 |
| Cases Cited | Koerselman v Joiners NS Ltd and Anor [2011] NZERA Auckland 365;Lees v Lees Air Farming Ltd [1961] AC 12;Peacock v The New Zealand Performance etc Workers Union [1990] 2 NZILR 257;R v Goodall (1975) 11 SASR 94;R v Isaac Sorsky [1944] 2 All ER 333;Salomon v Salomon [1897] AC 22 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_66.pdf [pdf 31 KB] |