| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 42/10 |
| Hearing date | 25 Feb 2010 |
| Determination date | 26 February 2010 |
| Member | D Asher |
| Representation | AR Pennell (Applicant in person) ; L Harwood |
| Location | Wellington |
| Parties | Pennell v Interactive Solutions Ltd |
| Summary | ARREARS OF WAGES - Applicant claimed owed $21,942 arrears of wages plus PAYE - Claimed needed at least some of that money urgently as in dire financial position - Applicant claimed not told why no wages paid other than respondent’s director (“H”) saying money had all gone - Applicant claimed respondent formed to provide him guaranteed employment as periodically experienced poor health and unable to work – Claimed respondent retained earnings so applicant’s wages could be paid whenever unable to work - Claimed H took those funds for own purposes - H claimed respondent insolvent and had ceased trading - Claimed all respondent’s assets in applicant’s possession - Claimed employment agreement did not specify what applicant to be paid - Authority found respondent had no funds, had not had work for over a year, and had ceased trading - Found employment agreement made no provision for hourly rate or salary - Found was deliberate omission by parties to allow for varying pay rate depending on volumes of work - Authority not satisfied funds set aside in respondent’s accounts as wages owing to applicant to be paid out in future - Not satisfied H took funds from respondent that were owed or payable to applicant - Authority not satisfied was situation were law imposed obligation to pay quantum meruit |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s159 |
| Cases Cited | Lamont v Power Beat International Ltd [1998] 2 ERNZ 20 |
| Number of Pages | 6 |
| PDF File Link: | wa 42_10.pdf [pdf 23 KB] |