Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the employer company is in liquidation, receivership, or has been struck off the register, and the employee seeks to recover unpaid wage and holiday pay arrears directly from the directors or involved officers. This guide is used by practitioners to establish personal liability for statutory breaches and secure recovery from personal assets.
Jurisdiction: New Zealand Employment Relations Authority (national registries). This fork covers personal liability claims against directors under Section 77A of the Holidays Act 2003 and Section 142W of the Employment Relations Act 2000.
The Process at a Glance: The process starts by auditing the NZ Companies Office registry to verify the company's status and extract the legal names and residential addresses of all directors. The practitioner drafts a Statement of Problem and a Form 3 Joinder Application to name the directors as personally liable parties. The pleading is filed in the Authority and served personally on each director. The practitioner coordinates the exchange of evidence and represents the client at the Authority hearing to secure personal liability determinations. Once obtained, the practitioner registers the determination and initiates civil enforcement, including director bankruptcy or property seizure if necessary.
Key Legislation and Case Law: Holidays Act 2003 - s 77A (arrears recovery from involved persons). Employment Relations Act 2000 - s 135 (penalties); s 142W (liability of involved persons); s 161 (exclusive jurisdiction). Companies Act 1993 - s 248 (effect of liquidation on proceedings). Key cases: [Labour Inspector v Pinnacle Life Limited [2022] NZEmpC 87](https://www.employmentcourt.govt.nz/) confirming director knowledge and personal liability for system-level minimum standards breaches; [Ministry of Business, Innovation and Employment v Sun [2021] NZERA 305](https://www.era.govt.nz/) enforcing substantial penalties and arrears orders directly against company directors.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Wage and Holiday Pay Recovery (Applicant) - Insolvent Employer - Director Liability (s 77A) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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