| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 400 |
| Hearing date | 5 Oct 2016 - 6 Oct 2016 (2 days) |
| Determination date | 08 December 2016 |
| Member | E Robinson |
| Representation | S Blick ; G Bennett |
| Location | Auckland |
| Parties | Labour Inspector v Neelam Ahuja, Chirag Ahuja and Rhythm Ahuja (Re Khoobsurat Ltd) (in Liquidation) and Ors |
| Other Parties | Naari Collection Ltd (in Liquidation) and Neelam Ahuja and Chirag Ahuja, Khoobsurat Collections Ltd (in Liquidation) and Neelam Ahuja and Chirag Ahuja |
| Summary | PRACTICE AND PROCEDURE – Whether applicant able to recover arrears from officers and directors of employer companies – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Directors and officers of employer companies directed or authorised defaults in payment of minimum entitlements. Employer companies in liquidation. Reasonable grounds to believe that companies did not have sufficient assets to pay amounts owing. Directors and officers jointly and severally liable for arrears.ARREARS OF WAGES AND HOLIDAY PAY: Directors and officer of first employer to pay applicant to pay applicant $18,515 arrears of wages and holiday pay. Directors of second employer to pay applicant $21,176 arrears of wages and holiday pay. Director and officer of third employer to pay applicant $29,090 arrears of wages and holiday pay. |
| Result | Applications granted ; Arrears of wages and holiday pay ($68,782.77) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s131 ; ERA s132(2) ; ERA s174 ; ERA s234(1) ; ERAs 234(2) ; ERA s234(3) ; ERA Schedule 1AA cl3(7) |
| Cases Cited | Feeney v Khoobsurat Ltd [2015] NZERA Auckland 217 ; Feeney v Naari Collection Ltd [2015] NZERA Auckland 256 ; Labour Inspector v Cypress Villas Ltd [2015] NZEmpC 157 |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Auckland_400.pdf [pdf 246 KB] |