| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 151 |
| Hearing date | 8-Dec-16 |
| Determination date | 08 December 2016 |
| Member | M Loftus |
| Representation | A McIlroy ; no appearance |
| Location | Wellington |
| Parties | Labour Inspector v Kundu |
| Summary | PRACTICE AND PROCEDURE – Applicant sought to bring claim against respondent personally – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Employer company not able to pay amounts owed in full. Respondent director of employer company and made decisions about how company would be run and managed and organised payment of wages. Respondent solely responsible for employer company’s breaches of minimum standards. Applicant authorised to bring claim against respondent personally.ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay $16,211 arrears of wages and holiday pay. Interest payable. |
| Result | Applications granted ; Arrears of wages and holiday pay ($16,211.64) ; Interest (5%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s223D ; ERA s223E ; ERA s234 ; ERA s234(2) ; ERA Schedule 1AA cl3(1) ; ERA Schedule 1AA cl3(7) ; EAR R16(3)(a)(ii) ; EAR R16(3)(a)(vi) ; Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Barr v Kundu [2016] NZERA Wellington 54 ; Labour Inspector v Adamar No 2 Ltd (in liq) [2016] NZERA Auckland 380 ; Labour Inspector v Cypress Villas Ltd [2015] NZEmpC 157 ; Labour Inspector v Freemind Enterprize Ltd [2016] NZERA Auckland 165 ; Kundu v Smith [2016] NZERA Wellington 45 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Wellington_151.pdf [pdf 218 KB] |