| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 93/10 |
| Hearing date | 16 Apr 2010 |
| Determination date | 19 April 2010 |
| Member | P Cheyne |
| Representation | A Kaviani (Applicant in person) ; No appearance |
| Location | Christchurch |
| Parties | Kaviani v Beauty Co and Anor |
| Other Parties | Brooks |
| Summary | PRACTICE AND PROCEDURE – Correct identity of employer - Applicant’s employment agreement (“EA”) did not identify applicant’s employer – Second respondent provided EA to applicant without identifying who employer was however initialled EA – Applicant received wages from company called “Beauty Management Riccarton Limited” – Second respondent shareholder and director of company – Authority found if applicant employed by company, second respondent personally liable for company’s breach of obligation under s 25 Companies Act 1993 – Found alternatively, applicant personally employed by second respondent – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant sought arrears of wages unilaterally reduced by second respondent – Sought arrears of wages for failure to provide full time work pursuant to EA - Authority ordered second respondent to pay applicant $660 arrears of wages – Applicant sought arrears of holiday pay following termination of employment – Second respondent ordered to pay applicant $421 arrears of holiday pay – Interest payable – Beautician – Authority noted numerous personal grievances has been brought against “Beauty Co” - Authority notified Department of Labour of matter |
| Result | Applications granted ; Arrears of wages ($660) ; Arrears of holiday pay ($421.90) ; Interest (4.5%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Companies Act 1993 s25(1);Companies Act 1993 s25(2) |
| Number of Pages | 5 |
| PDF File Link: | ca 93_10.pdf [pdf 22 KB] |