| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 118/08 |
| Hearing date | 1 Sep 2008 |
| Determination date | 09 September 2008 |
| Member | D Asher |
| Representation | S Nauhira (in person) ; No appearance |
| Location | Napier` |
| Parties | Nauhira v Krish Liquor Ltd |
| Summary | ARREARS OF WAGES – RECOVERY OF MONIES – No appearance for respondent – Applicant identified respondent in original statement of problem – However argued at investigation meeting also had dispute with respondent’s owner (“S”) and other business (“PSHL”) also claimed owned by S – Applicant claimed unpaid wages from respondent, money given to S regarding respondent, and unpaid wages from PHSL – Authority found Companies Office recorded respondent’s director as S – Found S was 50 percent joint shareholder of respondent – Applicant sought urgent intervention by Authority as claimed S intending to sell respondent and leave country – Authority concluded would continue with investigation in light of proper notice being given, and respondent’s failure to co-operate with investigation to date – Applicant claimed had sold respondent to S, and when S had financial problems, had advanced monies to S to make stock purchases – Applicant had no written employment agreement, wages paid by cash, and no pay slips provided – Authority found applicant did not have liquidators approval to bring claim against PHSL – Authority found had no reason to question veracity of applicant’s claims – Authority made observation applicant’s employers appeared to be respondent, PHSL, and S – Found for applicant to decide whether to seek to amend application – Authority satisfied applicant made out claim for unpaid wages and unpaid monies against respondent – Authority ordered respondent to pay applicant $7,600 unpaid wages and $9,000 unpaid monies – Authority reserved leave in respect of claims against PHSL and S |
| Result | Application granted; Arrears of wages ($7,600) ; Recovery of monies ($9,000) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s160;ERA Clause 12 of Schedule 2;Companies Act 1993 s248 |
| Number of Pages | 5 |
| PDF File Link: | wa 118_08.pdf [pdf 19 KB] |