| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 375/08 |
| Hearing date | 29 Oct 2008 |
| Determination date | 31 October 2008 |
| Member | A Dumbleton |
| Representation | R Murphy, D Sergeant (Applicants in person) ; No appearance |
| Location | Auckland |
| Parties | Murphy and Anor v Smartstud Systems Ltd and Anor |
| Other Parties | Sergeant, Traffic Electronics Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondents - Applicants sent letter advising them respondents unable to meet contractual obligation to pay salary, outstanding holiday pay or any other amounts due - Applicants received letter from respondents’ receivers - Letter purported to terminate applicants’ employment effective from date of letter - Letter advised any claims applicants had for outstanding wages, holiday pay or redundancy compensation had to be brought against respondents not receivers - Receivers advised claims for outstanding amounts would be dealt with on preferential basis up to a maximum and that all other claims would rank as unsecured - Applicants sent further letter quantifying amount of preferential claims - Applicants received cheques for specified amounts and advised sums offered in full and final settlement of preferential claims - Applicants claimed for pay in lieu of notice in Authority - Authority satisfied applicants owed further amounts claimed - Respondents to pay first applicant $4,901.96 arrears of wages, $4,166.67 for one month’s pay in lieu of notice and $3,702.83 arrears of holiday pay - Respondents to pay second applicant $4,519.23 arrears of wages, $4,916.67 for one month’s pay in lieu of notice and $740.01 arrears of holiday pay - Interest awarded - Authority noted some of preferential payments offered included in total amounts respondent ordered to pay - If applicants accepted preferential payments totals would need to be adjusted downward |
| Result | Application granted ; Arrears of wages ($4,901.96)(Applicant 1) ; Arrears of holiday pay ($3,702.83)(Applicant 1) ; Pay in lieu of notice ($4,166.67)(Applicant 1) ; Arrears of wages ($4,519.23)(Applicant 2) ; Arrears of holiday pay ($740.01)(Applicant 2) ; Pay in lieu of notice ($4,916.67)(Applicant 2) ; Interest (9%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | aa 375_08.pdf [pdf 25 KB] |