| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 318/09 |
| Hearing date | 19 Feb 2009 - 20 Feb 2009 |
| Determination date | 07 September 2009 |
| Member | R Arthur |
| Representation | C Mayston, F Fitzsimmons ; F Toailoa-Amituanai, A Rowe, no appearance |
| Location | Auckland |
| Parties | Nanai and Anor v Pacificare Trust, a registered Charitable Trust and Ors |
| Other Parties | Nanai, The New Zealand Guardian Trust Company Ltd, Mangere Community Hub, a registered Charitable Trust |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicants sought orders for payment of annual leave entitlements accrued while working for Pacificare (P) – Whether payment owed by P or company that took possession of P’s business, Guardian (G) – P did not dispute leave payments owing but argued funds in bank account in possession of G – G argued entitled to use funds for other purposes – Authority found liability for annual leave entitlement remained with P – Found G’s entry into possession of P business had effect of terminating applicants’ employment agreements with P – Applicants continued to work in business but no employment relationship with G – Found funds in bank account not held on trust to pay annual leave entitlements – Found G not unjustly enriched by use of funds – Found jurisdiction to order remedy – Applicants entitled to annual leave payment by P as soon as possible – No evidence P had other funds not possessed by G – No order for payment – Community support workers |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Part 6A;ERA s69B;ERA s69B(a);ERA s69B(b);ERA s137;ERA s137(3);ERA s162 |
| Cases Cited | AG v Blake [2001] AC 268;Reid v The Explosives Company Ltd (1887) 19 QBD 264 |
| Number of Pages | 9 |
| PDF File Link: | aa 318_09.pdf [pdf 31 KB] |