| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 57/07 |
| Hearing date | 18 Apr 2007 |
| Determination date | 19 April 2007 |
| Member | G J Wood |
| Representation | M Williams ; G Brawley |
| Location | Napier |
| Parties | Hertel v GCB Construction Ltd and Ors |
| Other Parties | Brawley, Brawley |
| Summary | ARREARS OF WAGES - First respondent (CGB") sold business to third party - At time of sale applicant owed wages - Sum remained unpaid due to dispute over liability between CGB and purchaser - Responsibility for payment lay with CGB - Following sale CGB had no assets and unable to pay applicant - Third respondent, as principal of CGB, undertook to personally take responsibility for payment - Had since resiled from undertaking because believed could not afford payment - Arrears due and owing by CGB - Applicant also entitled to interest - Issue of third respondent's personal liability reserved - Claim against second respondent dismissed - COSTS - Length of investigation meeting not specified - Applicant sought $2,000 costs - Much of sum must have related to claims against purchaser - First respondent never disputed liability - $400 contribution appropriate" |
| Result | Application granted against first respondent ; Arrears of wages ($10,375.42) ; Interest (7.5%) ; Costs in favour of applicant ($400) |
| Main Category | Recovery of Monies |
| Number of Pages | 2 |
| PDF File Link: | wa 57_07.pdf [pdf 15 KB] |