| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 8A/08 |
| Determination date | 30 May 2008 |
| Member | D Asher |
| Representation | E Cameron ; G Munro |
| Location | Wellington |
| Parties | Bolton v Nuwaiseeb Ltd and Anor |
| Other Parties | Bright Tiles Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with previous Authority determinations requiring respondent to pay notice, holiday pay and costs - Identity of employer - Original respondent advised unable to pay as ceased trading and had no assets - Original respondent had changed name to that of first respondent - Second respondent a “new” company registered using same name as original respondent and featured same director - Authority satisfied respondents properly considered same entity and responsible for payment jointly and severally - Respondent also disputed calculation of notice owing - Authority confirmed calculation - Compliance ordered - COSTS - Further costs of $500 appropriate |
| Result | Compliance ordered ; Orders accordingly ; Costs in favour of applicant ($500) ; Disbursements ($70) |
| Main Category | Compliance Order |
| Statutes | Companies Act s23(4)(b);ERA Second Schedule cl1 |
| Cases Cited | Bolton v Nuwaiseeb Ltd (formerly Bright Tiles Ltd) unreported, D Asher, 8 November 2007, WA 150/07;Bolton v Nuwaiseeb Ltd unreported, D Asher, 23 January 2008, WA 8/08;Northern Clerical etc Workers Union v Lawrence Publishing Co of New Zealand Ltd [1990] 1 NZILR 717;Saloman v Saloman & Co Ltd [1897] AC 22 |
| Number of Pages | 5 |
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