| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 374/06 |
| Determination date | 08 December 2006 |
| Member | R A Monaghan |
| Representation | K Williamson (in person) ; A Harris |
| Location | Auckland |
| Parties | Williamson v RJI Pacific International Ltd |
| Summary | ARREARS OF WAGES - Respondent company petitioned by creditor to be placed in liquidation - Applicant amended claim and sought only payment in lieu of notice of termination of employment - Applicant not seeking to pursue remainder of claims - Applicant advised Authority of amendment and Authority advised respondent - Authority sought response from respondent whether applicant's claim for monies owing correct - Authority gave respondent extension and advised applicant's claim specific, limited, and could be heard on papers - Respondent replied could not substantively respond on matter until it had obtained constructive input from employee - Reply did not adequately identify difficulty in responding to Authority's questions - Matter to be determined in absence of respondent - Calculations showed applicant did not receive payment in lieu of notice - Obvious absence of payment readily identifiable when response sought - Redundancy provision contained no mention of notice of termination - Termination provision entitled applicant to one month’s payment in lieu of notice of termination - No counter evidence provided by respondent - Respondent to pay applicant one months payment in lieu of notice |
| Result | Application granted ; Reimbursement of lost wages ($2916.66)(1 Month) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Number of Pages | 3 |
| PDF File Link: | aa 374_06.pdf [pdf 23 KB] |