Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 386/09
Hearing date 8 Sep 2009
Determination date 04 November 2009
Member K J Anderson
Representation D Henwood (in person) ; W Henwood
Location Hamilton
Parties Henwood v Piako Security Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed employment terminated because respondent stopped paying wages and removed from roles as director and shareholder – No claim of constructive dismissal brought – Applicant claimed owed wages for 4 years in sum of $83,000 and $7,000 in holiday pay – Respondent argued applicant terminated employment and no monies owed – Authority found applicant shareholder and director as well as employee and shared influence as to payment, holidays and how business functioned – Found applicant partly responsible to keep accurate wage and time records – No evidence to support claim for wages and holiday pay
Result Application dismissed ; No order for costs
Main Category Arrears
Statutes ERA s114;ERA s130;Holidays Act 2003 s73;Holidays Act 2003 s81
Number of Pages 4
PDF File Link: aa 386_09.pdf [pdf 20 KB]