| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 270 |
| Hearing date | 1 Aug 2012 |
| Determination date | 06 August 2012 |
| Member | E Robinson |
| Representation | V Dall'Occo (in person) ; no appearance |
| Location | Auckland |
| Parties | Dall'Occo v Supaframe Consultants NZ Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found respondent director’s (“W”) email to applicant showed W accepted applicant owed holiday pay - Respondent to pay applicant $3,799 arrears of holiday pay - Interest payable – Found payment to applicant in lieu of six months' notice still being negotiated by parties when applicant began employment with another company – Found as negotiations not concluded, applicant entitled to six months wages in lieu of notice - Respondent to pay applicant $50,000 arrears of wages - Interest payable - Sales and Marketing Manager |
| Abstract | Applicant employed as sales and marketing manager. Applicant sought 6 months arrears of wages, $3,799 arrears of holiday pay and interest on amounts. Applicant claimed respondent failed to pay applicant wages in lieu of notice when employment terminated. Applicant received $100,000 annual salary. No appearance for respondent. Respondent director (“W”) claimed respondent insolvent and would not respond to applicant’s claims. Parties’ employment agreement (“EA”) stated applicant entitled to six months’ notice if employment terminated. Applicant claimed after commenced employment salary payments became irregular and not always provided with payslips. Applicant claimed respondent entered into agreement with other company (“X”) that would work together and new company (“Y”) incorporated with W as sole director. Applicant claimed respondent had arrangement with X that X would pay half of applicant’s salary to respondent and then Y had made irregular payments to respondent so respondent could pay applicant salary. Parties met to discuss respondent’s financial difficulties. Parties attempted unsuccessfully to negotiate respondent paying applicant in lieu of notice period.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: No good cause for respondent’s failure to appear at investigation meeting. Parties agreed to applicant’s termination date. W’s email to applicant showed W accepted applicant owed holiday pay. Respondent to pay applicant $3,799 arrears of holiday pay. Interest payable. Payment to applicant in lieu of six month notice still being negotiated by parties when applicant began employment with X. As negotiations not concluded, applicant entitled to six months' wages in lieu of notice. Respondent to pay applicant $50,000 arrears of wages. Interest payable. |
| Result | Application granted ; Arrears of wages ($50,000) ; Arrears of holiday pay ($3799.59) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl11;ERA Second Schedule cl12;Judicature Act 1908 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Auckland_270.pdf [pdf 280 KB] |