In a continued effort to get money owed to him, former
Molyneux Park groundsman Richard McAlevey has applied to the
High Court for his former employer to be placed into
He was employed by the Molyneux Park Charitable Trust in
Alexandra from August 2005 until November 2009 and had
claimed he had been unjustifiably dismissed.
The Employment Relations Authority (ERA) upheld his claim and
awarded him $10,000 in compensation for hurt and humiliation
and an undisclosed sum, equal to three months' pay in
The following month, it also awarded costs of $3932.51 to Mr
In a statement of claim Mr McAlevey, through his lawyer
Kieran Tohill, is claiming a total of $26,432.51 from the
trust. The document lists the undisclosed sum worth three
months' pay as $12,500.
''The defendant has advised that they are not able to pay and
have funds and assets available to make a payment of $900
only,'' the document said.
Because of that, Mr McAlevey has sought a court order for the
trust to be put into liquidation.
His application will be heard by the High Court in Dunedin on
Following the ERA decision in October, Mr McAlevey said he
was aware the trust had little money but was ''following
Yesterday, he said the High Court action was the outcomeof
''I said at the time I would be taking legal proceedings and
that's what I have done ... this is just a legal step on the
way [to getting compensation].''
The document also noted the trust had not made any appeal or
filed for a hearing since the authority's decision.
Trust administrator Mark Tait said while the potential
liquidation was disappointing, he understood where Mr
McAlevey was coming from.
He also said, ''at this point'' he was not sure if the trust
needed legal representation when the court decided whether or
not to order the liquidation.
He said the trust would not be challenging the application as
''we don't have the resources''.
''We'll just wait for the decision ... we'll just wait and
see what happens.''
He said in a way McAlevey's application was a good thing
because, if it was granted, it would draw to a close a
The trustees had resolved to wind up the trust about August
2011 but that could not officially be done while there were
things relating to the trust before the court - the
Employment Relations Authority and now the High Court.
When it operated, the trust was funded by the Central Otago
District Council, which administers the park, and through
various other grants.
Since the trust ceased operating, the council had taken over
management of the park and appointed a maintenance