| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 22/01 |
| Determination date | 11 May 2001 |
| Member | P R Stapp |
| Representation | T Snell ; Plaister in person |
| Location | Napier |
| Parties | Rembrandt Fine Arts Ltd v Plaister |
| Summary | DISPUTE - Terms and conditions of employment - Respondent left after one weeks notice - Whether four weeks notice needed - No written contract - Previously employed by respondent under written contract - Whether written contract applied on re-engagement - New oral terms - Written contract did not apply - Reasonable notice period of four weeks an implied term - Reasonable notice period was four weeks - Obligation breached deliberately and wilfully |
| Result | Application granted ; Penalty ($300)(Crown) ; Costs in favour of applicant ($470) |
| Statutes | ERA s133;ERA s134;ERA s135;ERA s242 |
| Cases Cited | Inspector of Awards v London Residential Flats Ltd (1951) 7 MCD 233;Otago Clerical Workers IUOW v McLeod Bros Ltd [1988] NZILR 1308;PPP Industries Ltd v Doggett [1996] 2 ERNZ 234;Ruapehu District Council v Northern Local Government Officers' Union unreported, Castle J, 16 November 1992, WEC 54/92 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |