| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 412 |
| Hearing date | 20 Sep 2011 |
| Determination date | 20 September 2011 |
| Member | R Arthur |
| Representation | A Taljaard (in person) ; no appearance |
| Location | Auckland |
| Parties | Taljaard (Labour Inspector) v Sevans Operator Hire Ltd (in receivership and in liquidation) and Anor |
| Summary | PRACTICE AND PROCEDURE – Applicant sought order that second respondent (“E”) jointly and severally liable for arrears of holiday pay – No appearance for respondents - Authority previously determined first respondent (“S”) to pay employee arrears of holiday pay and interest – Authority’s previous determination allowed applicant to bring action against E if respondent defaulted on payment – Authority found no good cause for respondent’s failure to attend – Applicant claimed spoke with E several times about money owed employee and E said payment would be made following week but no payment made - E director of another company (“X”) and S’s accountant confirmed X’s staff received pay when due – Found E aware of obligation to pay arrears of holiday pay and directed or authorised default – Found E jointly and severally liable with S to pay arrears of holiday pay and interest but S’s liability would be reduced by portion applicant could recover from E – Found liability for wages and penalty previously awarded by Authority to applicant remained with S |
| Result | Application granted ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Practice & Procedure |
| Statutes | ERA s141;ERA s234;ERA s234(2)(a);ERA s234(2)(b);ERA Second Schedule cl11;ERA Second Schedule cl12 |
| Cases Cited | Taljaard v Sevans Operator Hire Ltd and Anor [2011] NZERA Auckland 81 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_412.pdf [pdf 19 KB] |