| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 198 |
| Hearing date | 4-Oct-17 |
| Determination date | 15 November 2017 |
| Member | A Dallas |
| Representation | L Stevens ; TP Green (in person) |
| Location | Nelson |
| Parties | Gillette v Roofpower Installations Ltd (preciously named Sunpower Ltd) and Anor |
| Other Parties | T Green |
| Summary | JURISDICTION – Applicant sought leave to recover wages and other monies from respondent – RECOVERY OF MONIES – Applicant sought recovery of wages and holiday pay |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Authority has jurisdiction to grant leave under s142Y of the Employment Relations Act 2000. Applicant has a tenable cause of action personally against second respondent. Leave granted. RECOVERY OF MONIES: First respondent unable to pay monies owed to applicant found in primary determination. Second respondent jointly and severally liable with first respondent for unpaid wages and holiday pay. Second respondent personally liable to pay monies in full. Second respondent to pay applicant $19,740 unpaid wages and $929 unpaid holiday pay. |
| Result | Applications granted ; Recovery of monies ($20,670.19) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA s142(1)(a);ERA s142(1)(c);ERA s142Y;ERA s142(Y)(2)(b);ERA s142W;ERA s142W(3)(a);ERA s142Z(3);Companies Act 2003 s23(4)(b);Minimum Wage Act 1983 s4;Minimum Wage Act 1983 s5;Minimum Wage Act 1983 s6;Wages Protection Act 1983 |
| Cases Cited | Brill v MacRury [2017] NZCA 169;Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Gillette v Sunpower Ltd [2017] NZERA Christchurch 1;Gillette v Sunpower Ltd [2017] NZERA Christchurch 171;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Christchurch_198.pdf [pdf 37 KB] |