A Tauranga company has failed to pay a former employee almost $50,000 - despite an Employment Court order ruling that it must do so.
The Tauranga company has failed to follow rulings from both the Employment Relations Authority and the Employment Court.
On November 24, 2010, Brian Moxey took his former employer, Westminster Pacific (NZ) Ltd, to the Authority on the grounds the company forced his resignation through non-payment of wages, constituting constructive dismissal.
The case was heard three times between December 2010 and February 2012 - twice in the Employment Relations Authority and once in the Employment Court - with each hearing finding in Mr Moxey's favour.
Yet despite being owed a total of $49,292.85 by his former employer, Mr Moxey hasn't seen a cent.
Mr Moxey said in his opinion it was an outrage his former employer was able to flout three separate court rulings and avoid paying him what he was owed.
"As far as I'm aware [it's] totally ignored [the court order to pay up] because I haven't heard anything more.
"I just don't think [companies] should be allowed to behave like this," he said.
Kevin John Mann, as sole director of Westminster, represented the company at the first Authority hearing.
He subsequently failed to turn up to the second Authority hearing and the Employment Court.
Authority documents state that Mr Moxey was employed as general manager and director of Silicon Avenue Technologies (NZ) Limited - of which, Westminster Pacific had a 75 per cent shareholding - with a salary of $72,000.
Mr Moxey had been "seconded" to Silicon and, from April 1, 2009, his pay was re-charged to Silicon.
According to the New Zealand Companies Office, Mr Mann is the director of four currently registered Silicon Avenue-titled companies and operates out of the Nautilus Building at Sulphur Point.
One of the companies, Silicon Avenue (NZ) Limited, was registered on November 25, 2010, the day after the first Authority investigation meeting was held.
Silicon Avenue commercially launched its online business intelligence software, called procision+, at the end of September last year, after receiving funding from Technology New Zealand and support from Waikato Innovation Park. Microsoft New Zealand added the Silicon Avenue product to its Dynamics Marketplace, which promotes business software solutions.
Lawyers for Westminster issued a formal statement this week: "An Employment Relations Authority (ERA) determination was made in December 2010 that awarded monies to Brian Moxey, who was the sole employee of Westminster Pacific (NZ) Limited and both the former General Manager and a Director of its Auckland-based operating company.
"Westminster Pacific (NZ) Limited was without funds at the time of the ERA determination, the financial situation was apparent to Mr Moxey.
"The financial circumstances have not changed since the ERA determination, and Westminster Pacific (NZ) Limited has not traded."
The Ministry of Justice confirmed that the Authority and Employment Court rulings cannot be used to enforce payment from Westminster to Mr Moxey.
The fines and reparations awarded to Mr Moxey are considered civil debts and, to be enforced, must be pursued again through further action in the court.
The Ministry of Justice also confirmed that the Crown had not yet been paid the $4000 fine it was owed by Westminster, issued by Judge Christina Inglis in the Employment Court in February.
Mr Moxey said he had not yet finished chasing his payments.
"We will take (Westminster) back to Employment Court, or to another court. We will start to pursue the company and the directors," he said.