| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 142/09 |
| Hearing date | 24 Apr 2009 |
| Determination date | 05 May 2009 |
| Member | R A Monaghan |
| Location | Auckland |
| Parties | Anderson v Kourawhero Management Ltd |
| Summary | ARREARS OF WAGES - Applicant claimed owed redundancy compensation and other entitlements under employment agreement (“EA”) - Respondent accepted liable for all but one of payments applicant sought - Respondent claimed unable to make payments as ceased trading and assets seized - Respondent ordered to pay outstanding health insurance payment as per EA - Applicant entitled to redundancy compensation under EA - Authority found amount outstanding - Respondent to pay applicant $7,500 redundancy compensation - Applicant entitled to pay in lieu of notice under EA - Authority found amount outstanding - Respondent to pay applicant $5,000 pay in lieu of notice - Found applicant entitled to $400 in respect of petrol vouchers - Applicant claimed entitled to cash incentive under EA - Respondent claimed applicant still had to be in employment at date payment due to be entitled and wasn’t - Authority declined to order incentive payment be made - ARREARS OF HOLIDAY PAY - Applicant sought unpaid holiday pay - Authority found holiday pay outstanding - Authority calculated holiday pay - Respondent to pay applicant $6,146 - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Respondent experienced financial difficulties - Attempts to sell respondent as going concern unsuccessful - Respondent ceased trading - Applicant made redundant - Applicant claimed lack of communication and consultation unfair - Authority found nothing in communication about circumstances of redundancy unfair or unjustified - Found applicant’s underlying concern was failure to pay amounts owed - No personal grievance - Head chef |
| Result | Applications granted (Arrears of holiday pay)(Arrears of wages) ; Arrears of Holiday pay ($6,146.15) ; Arrears of wages ($7,500)(Redundancy compensation)($5,000)(Pay in lieu of notice)($87.59)(Health Insurance)($400)(Petrol vouchers) ; Application dismissed (Arrears of wages – cash incentive) ; Applications dismissed (Unjustified disadvantage)(Unjustified dismissal) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s103;ERA s114(1);Holidays Act 2003 s5;Holidays Act 2003 s14;Holidays Act 2003 s24;Holidays Act 2003 s25 |
| Cases Cited | Para Franchising Ltd v Whyte [2002] 2 ERNZ 120;Poverty Bay Electric Power Board v Atkinson [1992] 3 ERNZ 413 |
| Number of Pages | 9 |
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