The former Molyneux Park groundsman Richard McAlevey had his
employer placed into liquidation at the Dunedin High Court
yesterday as he continues his fight to get money owed to him
over an unjustifiable dismissal.
Mr McAlevey 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
September.
The following month, it also awarded costs of $3932.51 to Mr
McAlevey. In a statement of claim, Mr McAlevey, through his
lawyer Kieran Tohill, claimed a total of $26,432.51 from the
trust. The document lists the undisclosed sum worth three
months' pay as $12,500. Trust administrator Mark Tait was
unsure how much money Mr McAlevey would be able to recover
from the trust, but said it had ''just under $1000'' in its
bank account and that was its only asset.
While disappointed it had got to the point of a liquidation
order, Mr Tait said it would provide some ''closure'' to what
had been a lengthy process and allow the trust - which is no
longer operating - to ''wind up its affairs''.
He understood why Mr McAlevey took the proceedings, but felt
it could have been dealt with through negotiation, as opposed
to the courtroom.
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. Mr
McAlevey would not comment on how much he expected to
receive.
He said he took the proceedings to ensure everything was
''done properly and above board'' and ''nothing improper''
had happened at the trust.
No-one from the trust had approached him to discuss the issue
and he had not been offered any money, he said.
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 contracting company.
- vaughan.elder@odt.co.nz
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