| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 44/06 |
| Hearing date | 21 Mar 2006 |
| Determination date | 27 March 2006 |
| Member | H Doyle |
| Representation | K Larson (in person), M Eke (in person), M Levy (in person), J Pierce (in person) ; no appearance |
| Location | Christchurch |
| Parties | Levy and Ors v Phoenix Flight Ltd |
| Summary | JURISDICTION – Director of respondent initially named as respondent personally - Alleged director signed personal guarantee of wage payment – Guarantee was secondary contract – Connection between enforceability of guarantee and employment relationship not sufficiently direct – No jurisdiction to determine whether guarantee enforceable – Appropriate respondent was company not director - ARREARS OF WAGES AND HOLIDAY PAY – Alleged failure to pay wages and holiday pay – No appearance for respondent – Evidence of first four applicants accepted – Arrears of holiday pay due and owing – Appropriate to award interest - Fifth applicant unable to attend for medical reasons - Investigation of fifth applicant’s claim adjourned pending provision of evidence of claims to Authority – Ground crew, shop assistants, hang glider tandem pilot |
| Result | Question of jurisdiction answered in favour of director ; Applications granted (ML, JP, KL, ME) ; Application adjourned (JR) ; Arrears of wages as gross amounts ($2,362.50)(ML) ; ($2,553.75)(JP) ; ($2,503.25)(KL) ; ($1,590.53)(ME) ; Arrears of holiday pay as gross amounts ($141.75)(ML) ; ($153.23)(JP) ; ($150.20)(KL) ; ($157.50)(ME) ; Interest at 9% (Quantum to be calculated)(ML, JP, KL, ME) ; Disbursements ($56)(Four fifths share in filing fee divided equally between ML, JP, KL, ME) |
| Statutes | ERA s161(1)(r);ERA Second Schedule cl11 |
| Cases Cited | Pain Management Systems (NZ) Ltd v McCallum unreported, Panckhurst J, 14 September 2001, HC Christchurch, CP 72/01 |
| Number of Pages | 7 |
| PDF File Link: | ca 44_06.pdf [pdf 34 KB] |