| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 82/02 |
| Hearing date | 13 Mar 2002 |
| Determination date | 28 March 2002 |
| Member | A Dumbleton |
| Representation | J Bioletti ; D Singh |
| Location | Auckland |
| Parties | Elliott (Labour Inspector) on behalf of Hegde and Ors v Exotiqa Ltd and Anor |
| Other Parties | John, Duhanja, Kennerley, Sheikh, Mehta |
| Summary | PRACTICE AND PROCEDURE - Five separate proceedings to be heard together - Matters under ECA and ERA - Exercise of jurisdiction under s252 ERA - Hearing by way of adjudication - ARREARS OF WAGES - Identity of employer - Whether company or director - First employee not informed of company's existence - Employed by director - Remaining employees employed by company - Alleged not employer as struck off companies register - Subsequently restored to register - Employment never ceased - Company deemed to have continued pursuant to Companies Act 1993 - Failed to pay minimum wages and holiday pay - Credibility - Applicants' evidence preferred - Arrears due and owing - Second employee forced to pay premium for job - Amounted to buying position - Breach of Wages Protection Act 1983 - Jurisdiction - Premium paid in India - Was in relation to job in New Zealand - Within Authority's jurisdiction - Premium recoverable - Director personally liable for breach - PENALTY - Breaches of Holidays Act 1981, Minimum Wage Act 1983, ECA and ERA - Failed to pay minimum wage and holiday pay - Failed to produce wage and time records when requested - Penalties owing for all breaches - Restaurant workers |
| Result | Application granted ; Arrears of wages and holiday pay ($7,607.28)(SS)(Payable by second respondent) ; ($3,749.43)(DH)(Payable by first respondent) ; ($9,899.49)(AJ)(Payable by first respondent) ; ($6,646.63)(KD)(Payable by first respondent) ; ($718.48)(SK)(Payable by first respondent) ; Interest (5 percent) ; Other monies ($15,000)(Premium) ; Penalties ($36,500)(Payable to Crown) ; Costs reserved |
| Statutes | Companies Act 1993 s330(2);ECA s49;ERA s234;ERA s252;ERA Second Schedule cl11;ET r49;Holidays Act 1981 s7A;Holidays Act 1981 s21(2);Minimum Wage Act 1983 s6;Wages Protection Act 1983 s2;Wages Protection Act 1983 s12A;Wages Protection Act 1983 s12A(2) |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |