| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 10/08 |
| Determination date | 15 January 2008 |
| Member | R A Monaghan |
| Representation | E Henderson (in person) ; S Bosman |
| Location | Auckland |
| Parties | Henderson v Acacia Employment and Anor |
| Other Parties | Momentum Media Ltd |
| Summary | CONSENT ORDER - ARREARS OF WAGES AND HOLIDAY PAY – Identity of employer – Triangular employment - Statement of problem cited only first respondent – Respondents shared directors and connected by shareholdings – Applicant employed in business operated by second respondent - First respondent in effect management company and employed applicant – First respondent's only assets were contracts to supply staff to companies which had now stopped trading – Authority made no conclusion on issue of identity of employer but obtained parties consent to join second respondent as party - Applicant sought arrears owing after termination of employment – Respondents did not dispute amount owing and agreed to awards being made against them jointly and severally for amounts claimed – Authority suggested advice be sought on implications of respondent’s financial position on enforcement of order |
| Result | Application granted ; Orders accordingly ; Arrears of wages and holiday pay ($4,621.84) ; No order for costs |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s8;Holidays Act 2003 s14 |
| Cases Cited | NZ Seamen's IUOW v Shipping Corporation of NZ Ltd [1989] 1 NZILR 6 |
| Number of Pages | 4 |
| PDF File Link: | aa 10_08.pdf [pdf 18 KB] |