| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 8/09 |
| Hearing date | 27 Jan 2009 |
| Determination date | 28 January 2009 |
| Member | P Cheyne |
| Representation | K Watson ; no appearance |
| Location | Christchurch |
| Parties | Watson v Knight |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant claimed owed unpaid wages and holiday pay following resignation – Respondent argued arithmetical errors with applicant’s calculations and some payments made not taken into account by applicant – PRACTICE AND PROCEDURE – Identity of employer – Authority found if employer respondent’s company (“C”) then proceedings could go no further without agreement of liquidator or High Court order – Authority found clear after incorporation C employed applicant until resignation – Found no employment relationship between applicant and respondent – Authority concluded arrears claims could not continue until liquidators agreement or High Court order obtained as C in liquidation |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993 s182(3);Companies Act 1993 s248 |
| Number of Pages | 3 |
| PDF File Link: | ca 8_09.pdf [pdf 17 KB] |