| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 86/06 |
| Hearing date | 29 Apr 2005 |
| Determination date | 24 March 2006 |
| Member | K J Anderson |
| Representation | E Cotton ; H Kynaston |
| Location | Auckland |
| Parties | McQueen (Labour Inspector ) and Anor v Horlicks No.2 Ltd and Ors |
| Other Parties | McQueen, Horlicks No.2 Ltd, Funnell |
| Summary | PRACTICE AND PROCEDURE – Application by Labour Inspector for authorisation to bring action for recovery of holiday pay against director of first respondent - Employment Relations Act 2000 s234 - Alleged failure to pay holiday pay to two employees – Company no longer trading and all assets liquidated – Not required to prove breach of Holidays Act 1981 for purposes of current application - Accepted first respondent unable to pay any amounts owing – Wage payment arrangements complex and director relied on professional advice – Even if default present not proven that director directed or authorised action resulting in default – Authorisation to bring application for recovery against director declined |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s234;ERA s234(2);Holidays Act 1981 |
| Number of Pages | 5 |
| PDF File Link: | aa 86_06.pdf [pdf 30 KB] |