| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 466/05 |
| Hearing date | 23 Sep 2005 |
| Determination date | 07 December 2005 |
| Member | L Robinson |
| Representation | S Giddens (in person), A Kini (in person) ; M Edwards |
| Location | Auckland |
| Parties | Giddens and Anor v Kini and Anor |
| Other Parties | Phelan |
| Summary | PENALTIES - Applicants resigned - Failure to pay first applicant annual leave, public holiday, commission and expense entitlements due to her - Failure to pay second applicant arrears of salary, annual and public holiday pay entitlements owing - Respondent was sole director of company which employed applicants - Company in serious financial state - Placed into voluntary liquidation - Company acted in breach of employment agreement by failure to pay amounts owing - No breach relating to non-payment for lieu days - Section 76 Holidays Act did not preclude present action - All breaches were breaches of terms of employment agreements - Authority invited to consider bank statements detailing company's business transactions - Respondent strongly opposed such action - Authority resolved not relevant for present purposes - Declaration made accordingly - Respondent intentionally did not pay applicants - Respondent influenced company to act in breach of duty - Respondent acted knowingly aiding and abetting company in its breach - Penalty appropriate - Editor and art director |
| Result | Application granted ; Penalty in favour of Crown ($750) ; First applicant ($750) ; Penalty in favour of Crown ($500) ; Second applicant ($500) ; Costs reserved |
| Statutes | ERA s134;ERA s136;Holidays Act s76 |
| Cases Cited | Peacock v NZ Performance and Entertainment Workers Union [1990] 2 NZILR 257;PPP Industries Ltd v Doggett [1996] 2 ERNZ 234;Ruapehu District Council v Northern Local Government Officers Union unreported Castle J, 16 November 1992, WEC 54/92;Service Workers Union of Aotearoa Inc v Southern Pacific Hotel Corp (NZ) Ltd [1993] 2 ERNZ 513;United Food Workers v Talley [1992] 3 ERNZ 423;Wellington Shop etc IUOW v Paul Pretty Removals Ltd [1988] NZILR 312;Xu and Anor v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 9 |
| PDF File Link: | aa 466_05.pdf [pdf 102 KB] |