| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 103 |
| Hearing date | 7 Jul 2011 |
| Determination date | 15 July 2011 |
| Member | H Doyle |
| Representation | S Moses ; K Gill |
| Location | Christchurch |
| Parties | Thomson v KSG Corp Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – PRACTICE AND PROCEDURE – Identity of employer – No appearance for respondent – Applicant sought unpaid wages and holiday pay – Applicant resigned and worked out notice period – Respondent claimed fulfilled all obligations to applicant up to giving notice after which time applicant not employed by respondent – Respondent managing director agreed in telephone conferences to pay applicant wages and holiday pay for working out notice and holiday pay owed up to giving notice – Applicant only paid holiday pay owed up to giving notice – No dispute about amounts claimed owed by applicant – Respondent claimed applicant had been informed in person and by phone of change of employer – Applicant denied being told of any change – Authority found applicant did not accept any change of employer – Found applicant not advised that respondent no longer employer – Found applicant employed by respondent while applicant worked out notice period – Found arrears of wages and holiday pay due and owing – Interest payable – Cleaner |
| Result | Applications granted ; Arrears of wages ($360) ; Arrears of holiday pay ($77.40) ; Interest (5%) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Practice & Procedure |
| Statutes | Judicature Act 1908 s87(3) |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_103.pdf [pdf 25 KB] |