| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 288 |
| Determination date | 27 August 2012 |
| Member | K J Anderson |
| Representation | K McLuskie ; N Warner |
| Parties | Bailey v Warner |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES - Applicant sought arrears of wages and holiday pay and reimbursement of accommodation costs paid for by applicant – Authority found appropriate respondent director (W") held personally liable for monies due in circumstances - W to pay applicant $10,494 arrears of wages, $839 arrears of holiday pay and $198 recovery of monies - No order for interest to accrue on amounts outstanding until amounts paid as W’s ability to pay doubtful - Interest payable on amounts outstanding from date proceedings commenced to date of determination only - Business Development Manager" |
| Abstract | Applicant sought arrears of wages and holiday pay and reimbursement of accommodation costs paid for by applicant for accommodation required as part of employment. Applicant sought interest on amounts. Respondent (“W”) director of company applicant employed by (“MITE”) as business development manager. W accepted amounts owing but claimed payment had not been made as neither W nor MITE had money available and W facing bankruptcy. Applicant claimed W had accepted personal liability for amounts outstanding.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES: Some references in letters to applicant and applicant’s payslips to MITE as limited liability company. Applicant’s employment agreement (“EA”) stated W, not MITE, offered employment to applicant but EA not signed. W reckless as misled applicant into continuing employment on pretence applicant would be paid when MITE probably insolvent. Appropriate W held personally liable for monies due in circumstances including ambiguity of EA, W’s controlling influence on MITE’s affairs and W’s personal undertakings. W to pay applicant $10,494 arrears of wages, $839 arrears of holiday pay and $198 as reimbursement of accommodation costs paid for by applicant. No order for interest to accrue on amounts outstanding until amounts paid as W’s ability to pay doubtful. Interest payable on amounts outstanding from date proceedings commenced to date of determination only. |
| Result | Application granted ; Arrears of wages ($10,494.49) ; Arrears of holiday pay ($839.56) ; Recovery of monies ($198) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Companies Act 1993 s248 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_288.pdf [pdf 184 KB] |