| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 459 |
| Hearing date | 12 Oct 2011 |
| Determination date | 21 October 2011 |
| Member | A Dumbleton |
| Representation | J Tupaea ; G Newlove ; L Langridge (counsel for witness) |
| Location | Auckland |
| Parties | Estate of Waepeke Ruihana Tupaea v Andrews Housemovers Ltd |
| Summary | JURISDICTION – Whether employment relationship problem – Respondent employed worker (“W”) until W died in work accident – Respondent paid W’s outstanding wages and holiday pay to W’s partner (“H”) – High Court granted administration of W’s estate to W’s son (“T”) – Applicant sought orders requiring respondent to pay estate amount respondent paid to H – Authority found although matter had appearance of civil dispute it was employment relationship problem that could be investigated by Authority – DISPUTE – Applicant claimed respondent should have paid W’s entitlements to applicant not H – Respondent claimed justified in paying W’s entitlements to H due to Administration Act 1969 – Found respondent entitled to rely on Administration Act 1969 whether respondent had knowledge of it at relevant times or not – Found W and H were in de facto relationship at time of W’s death – Found fact W and H were living in separate houses did not indicate they were not in de facto relationship – Found although employment agreement required respondent to pay wages by direct credit to bank account operated by T it could not have been intended to apply in event of W’s death – Found respondent discharged obligations when paid H W’s entitlements under employment agreement – Found could have exercised jurisdiction in equity and good conscience to reach same result – COSTS – Length of investigation meeting not specified – Respondent sought $700 contribution to costs – Applicant to pay $700 contribution to respondent’s costs |
| Result | Application dismissed ; Costs in favour of respondent ($700) |
| Main Category | Dispute |
| Statutes | ERA s5;ERA s131;ERA s161;ERA Second Schedule cl15;Administration Act 1969 s77;Domestic Violence Act 1995;Property (Relationships) Act 1976 s2D |
| Cases Cited | Pain Management Systems (NZ) Ltd v McCallum unreported, Pankhurst J, 14 August 2001, CP 72/01;Waikato Rugby Union v New Zealand Rugby Football Union Inc [2002] ERNZ 752 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_459.pdf [pdf 25 KB] |