| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 21 |
| Hearing date | 17 Jan 2011 |
| Determination date | 17 January 2011 |
| Member | R A Monaghan |
| Representation | A Gimblett (in person), S Davidson (in person) ; no appearance |
| Location | Auckland |
| Parties | Gimblett and Anor v Papakura Franklin Newspapers Ltd |
| Summary | ARREARS OF WAGES - No appearance for respondent - Applicants claimed owed money for unpaid redundancy compensation and pay in lieu of notice - Applicants aware respondent had been experiencing financial difficulties - Applicants received letters stating respondent had no cash flow so no longer able to operate so would be closing - Termination of employment was effective immediately - Applicants received outstanding wages and holiday pay - Authority found circumstances set out in letter amounted to termination of employment on ground of redundancy - Found first applicants’ employment agreement provided for two weeks notice in event of termination for redundancy and for two weeks wages as redundancy compensation upon completion of one or more years’ current continuous service - Found neither payment received - Found first applicant entitled to pay in lieu of notice and redundancy compensation - Payment ordered - Interest awarded - Found second applicants’ employment agreement provided for four weeks notice of termination for redundancy and payment of four weeks wages as redundancy compensation - Found neither payment received - Found second applicant entitled to pay in lieu of notice and redundancy compensation - Payment ordered - Interest awarded |
| Result | Application granted ; Arrears of wages ($4,000)(Pay in lieu of notice)(Redundancy compensation)(First applicant) ; Arrears of wages ($6,923.04) )(Pay in lieu of notice)(Redundancy compensation)(Second applicant) ; Interest (5.2%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_21.pdf [pdf 18 KB] |