| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 380 |
| Hearing date | 14 Nov 2016 - 15 Nov 2016 (2 days) |
| Determination date | 21 November 2016 |
| Member | R Arthur |
| Representation | M Urlich; no appearance, no appearance, R Nand (for Ramada) |
| Location | Auckland |
| Parties | Labour Inspector v Adamar No.2 Ltd (in Liquidation) and Ors |
| Other Parties | Ramada, Ramada |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: Respondents failed to provide reliable evidence to refute applicant’s claims. First respondent unlikely to be able to pay in full. Third respondent officer of company who directed or authorised default in payment. First and third respondent jointly and severally to pay applicant $70,053 arrears of wages and holiday pay. Interest payable. |
| Result | Application granted ; Arrears of wages and holiday pay ($70,053.54) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s132 ; ERA Part 9A ; ERA s173E ; ERA s234 ; ERA s234(2) ; ERA s234(3) ; ERA Schedule 1AA cl3(7) ; ERA Second Schedule cl11(1) ; Companies Act 1993 s248 ; Companies Act 1993 Schedule 7 cl1(2)(a) ; Companies Act 1993 Schedule 7 cl1(2)(c) ; Judicature (Prescribed Rate of Interest) Order 2011 cl4 ; Receivership Act 1993 |
| Cases Cited | Brill v MacRury [2016] NZCA 262 ; Fagotti v Acme Ltd [2015] NZEmpC 135, (2015) NZELR 1 ; Macrury v Cypress Villas Ltd [2015] NZEmpC 157 ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Auckland_380.pdf [pdf 384 KB] |