| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/04 |
| Hearing date | 24 May 2004 |
| Determination date | 02 June 2004 |
| Member | J Scott |
| Representation | Scull, S Cordes, H Fitzsimons, J Prasad (In person) ; No appearance |
| Location | Auckland |
| Parties | Purcell and Ors v Farrell-Graham and Ors |
| Other Parties | Davies, Scull, Cordes, Fitzsimons, Prasad, Connors, Farrell |
| Summary | PENALTY - No appearance by first and second applicants - No appearance by respondent - Company liquidated - Failed to pay wages, expenses and holiday pay prior to liquidation despite assurances by respondent managing director - Penalty sought for breach of s134(2) Employment Relations Act 2000 - Alleged respondent incited, instigated, aided or abetted breach of employment agreements - Company breached employment agreements by failure to pay monies owed - Evidence failed to establish beyond reasonable doubt that respondent breached s134(2) Employment Relations Act 2000 - Unwise business decisions by respondent irrelevant - Honest intention to ensure payment of monies owed - Company lacked means to follow through on respondent's intention - Magazine workers |
| Abstract | Applications dismissed ; No order for costs |
| Statutes | ERA s134(2);ERA s135;ERA s136(2);ERA Second Schedule cl12;Holidays Act 2003;Wages Protection Act 1983 |
| Number of Pages | 6 |
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