| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 163 |
| Determination date | 26 April 2011 |
| Member | V Campbell |
| Representation | A Brown ; M O'Connor (in person) |
| Location | Auckland |
| Parties | Begum (Labour Inspector) v Effective Fencing NZ Ltd and Ors |
| Other Parties | Effective Fencing Ltd, O'Connor |
| Summary | PRACTICE AND PROCEDURE – Applicant commenced action against second (“EFL”) and third respondent (“O”) to recover holiday pay – Applicant employee (“S”) commenced employment with EFL and continued employment until first respondent (“EFNZL”) took over employment – O was director and shareholder of EFL until became employee of EFNZL – S did not receive full holiday pay as shown on final pay slip – EFNZL claimed EFL liable for greater share of holiday pay – EFL claimed company still in existence but not trading and had no assets – Authority found should applicant be successful in showing EFL in default then EFL would not have sufficient assets to pay amount owing – Applicant sought Authority to authorise action for recovery against O – Found must be proved O directed or authorised default in payment of holiday pay – Found default not yet proven – Found O authorised default when advised applicant aware of outstanding holiday pay but not prepared to pay – Found O jointly and severally liable with EFL to pay any amounts recoverable |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s234;ERA s234(2) |
| Cases Cited | Begum (Labour Inspector) v Effective Fencing NZ Limited unreported, A Dumbleton, 3 March 2010, AA 94/10;Begum (Labour Inspector) v Effective Fencing NZ Limited and Ors [2011] NZERA Auckland 61 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_163.pdf [pdf 17 KB] |