She said it was \u201cunfair\u201d for the business to withhold holiday pay entitlements.<\/p>\n
\u201cOur employer refuses to pay us what we are owed.\u201d<\/p>\n
She wanted to highlight the situation to warn others and \u201chopefully prompt the business owners to do the right thing\u201d.<\/p>\n
The Bay of Plenty Times agreed not to name the former staff, who left over six months for various reasons.<\/p>\n
They claimed they were collectively owed at least $16,000 in holiday pay, and that numerous attempts to engage with their former boss had been \u201cignored\u201d.<\/p>\n
The complainants said they learned, in a letter from the Donaghys, that the business would be offered for sale.<\/p>\n
One complainant said she was handed the letter two weeks after resigning.<\/p>\n
\u201cI felt very confused, blindsided. Jaqui never mentioned there would be any difficulty paying me what I\u2019m owed. And she ignored my repeated requests to sit down with her to sort the situation out.\u201d<\/p>\n
The letter laid out how \u201cdifficult\u201d trading recently had \u201ctaken a heavy toll\u201d on company resources, prompting shareholders to decide to sell.<\/p>\n
The letter said an administrator would be involved and the Donaghys had advice that employee entitlements \u2013 largely unpaid holiday pay \u2013 would need to be dealt with by the administrator.<\/p>\n
The employees were second on the list of preferential creditors. If a sale progressed, \u201cthe ability to be paid out\u201d would be part of the administrator\u2019s process.<\/p>\n
\u201cWe are sorry that we cannot be more definite about this aspect of matters … we are appointing an administrator [to] ensure the affairs of the company are conducted in strict compliance with the law.\u201d<\/p>\n
Two other complainants, who claimed they were each owed $5000, said they were \u201cextremely disappointed\u201d by how they were treated after being \u201cloyal employees\u201d of several years.<\/p>\n
Another former employee, who moved to Auckland for other work, said he was owed about $1000 in annual leave.<\/p>\n
\u201cIt makes me feel quite angry, because when I left, I had a little bit of money saved up to tide me over, but now it\u2019s almost all gone.\u201d<\/p>\n
Three of the group complained to Employment New Zealand, but were advised their employer stated they did not have the financial means to pay their \u201centitled final holiday pay\u201d at this stage.<\/p>\n
Employment NZ advised the complainants that if they wanted to pursue the matter formally, they could do so through the Government\u2019s free mediation service or via the Employment Relations Authority.<\/p>\n
Lone Star Tauranga has been put into liquidation, but will continue to trade, with a new owner expected to take over. Photo \/ Sandra Conchie<\/p>\n
However, the complainants said they believed mediation would be a \u201cwaste of time\u201d as earlier attempts to engage with the Donaghys failed.<\/p>\n
\u201cNow we are faced with having to hire a lawyer to try and get our own money back. It\u2019s gutting.\u201d<\/p>\n
Lone Star first opened in Tauranga in 1999 and is located on The Strand and the corner of Harington Street.<\/p>\n