| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 77/08 |
| Hearing date | 6 Mar 2008 |
| Determination date | 06 March 2008 |
| Member | R Arthur |
| Representation | Applicants in person ; No appearance |
| Location | Auckland |
| Parties | Gu & Ors v Kew Holdings Ltd & Ors |
| Other Parties | Woo, Xu, Li, Wang, Xiang, Zhang, Zeng, Huang ; CGP Holdings Ltd, New Zealand Who's Who Publications Ltd, New Zealand Who's Who Aotearoa Ltd, Taylor |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – No appearance for respondents – In earlier determination Authority issued consent order providing payment of outstanding wages to applicants – Authority also issued non-publication order subject to exception for enforcement purposes – Respondents did not pay wages owing by due date – Applicants commenced enforcement measures in District Court (“DC”) – Authority noted order of Authority filed in DC enforceable in same manner as Court’s own orders – Applicants claimed fifth respondent solely liable for wages – Also sought further directions regarding non-publication order – No reply by respondent to minute issued by Authority – Authority satisfied had sufficient information from papers and information provided at earlier investigation meetings to determine issues – Fifth respondent at earlier investigation meeting conceded respondents owed wages claimed – Fifth respondent provided personal cheques for wages and gave personal guarantee to one applicant – Cheques bounced – Authority satisfied applicants worked in fifth respondent’s business operating through entities including first and third respondents – Authority found reality of employment arrangements that applicants working for fifth respondent – Authority satisfied fifth respondent liable for wages – First respondent argued lifting non-publication order would be detrimental to business and ability to secure funds owed – Authority noted order initially prevented applicants from taking steps to warn potential employees of risk of being underpaid by respondents – Authority confirmed failure to pay wages in time meant respondents no longer entitled to benefit from non-publication order – Certificate of Determination issued with determination |
| Result | Orders made ; Arrears of wages ($25,748) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s141;ERA s157;ERA s221 |
| Number of Pages | 5 |
| PDF File Link: | aa 77_08.pdf [pdf 20 KB] |