| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 69 |
| Hearing date | 29 Mar 2012 |
| Determination date | 17 April 2012 |
| Member | A Dumbleton |
| Representation | K Kumar (in person) ; S Lorimer |
| Location | Christchurch |
| Parties | Kumar v Fliway Logistics Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Respondent owed applicant arrears of wages and holiday pay when employment terminated – Parties’ employment agreement (“EA”) stated employee not entitled to arrears of wages in lieu of notice if terminated employment without required notice period – Applicant left area of employment after Christchurch earthquake and was unwell for at least three weeks – Applicant sent respondent medical certificate and told respondent wished to resign immediately due to earthquake – Respondent attempted unsuccessfully to have discussion with applicant - Parties agreed applicant failed to give notice as required in parties’ EA – Authority found although were extraordinary circumstances causing resignation did not excuse applicant from giving required notice – Found respondent did not seek applicant’s resignation – Found applicant did not need to resign to protect safety of family after earthquake – Found respondent reasonably sought to discuss how employment could be continued and had no alternative but to accept applicant’s resignation – Found applicant rejected respondent’s attempts to negotiate – Application dismissed |
| Result | Application dismissed ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_69.pdf [pdf 21 KB] |