| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 78/07 |
| Hearing date | 15 May 2007 |
| Determination date | 18 May 2007 |
| Member | P R Stapp |
| Representation | M Quigg & T Sissons ; No appearance |
| Location | Wellington |
| Parties | Doherty & Anor v 54 Cuba Street (2007) Ltd (formerly 54 Cuba Street Ltd) Ltd & Anor |
| Other Parties | Orchard ; PRP Auckland Ltd |
| Summary | COMPLIANCE ORDER - Identity of employer - Applicants asked Authority to make indicative findings about role of second respondent - Information produced by applicants did not rule out joint employment - Leave granted for applicants to pursue definitive rulings on role and liability of second respondent - Applicants sought payment of outstanding redundancy pay, bonuses and expenses - First respondent accepted liability for redundancy pay - Calculation of bonus owing to first applicant reserved as more detail required - Directors of first respondent requested to provide necessary information - First applicant's evidence as to vehicle allowance accepted - Second applicant owed outstanding expenses - First respondent claimed unable to pay and applicant’s preferential creditors - Compliance ordered, with date able to be varied on application - RECOVERY OF MONIES - Counterclaim - Respondents sought to recover cash alleged second applicant obtained from company credit card without authority - Second applicant submitted obtained cash to reduce exposure from not being paid expenses - Second applicant consented to offset sum from total claim - Authority reached no conclusion on his behaviour |
| Result | Compliance ordered ; Orders accordingly ; Costs in favour of applicants ($3,000) |
| Main Category | Compliance Order |
| Number of Pages | 5 |
| PDF File Link: | wa 78_07.pdf [pdf 31 KB] |