Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2013] NZERA Christchurch 60
Determination date 21 March 2013
Member H Doyle
Representation P Roughton (in person) ; A McRae
Parties Roughton v Leefield Farming Ltd
Summary ARREARS OF WAGES - Applicant sought arrears of holiday pay and arrears of wages for notice period - BREACH OF CONTRACT - Applicant sought payment of redundancy compensation under parties' employment agreement - Whether respondent terminated applicant's employment or employment terminated with sale of farm property - COSTS - Applicant sought $4,977 indemnity costs - Stock manager
Abstract AUTHORITY FOUND -;ARREARS OF WAGES: By agreement respondent to pay applicant $13,153 holiday pay. Respondent to pay applicant $5000 arrears of wages for notice period. Interest payable.;BREACH OF CONTRACT: Applicant 'surplus to requirements' and entitled to redundancy compensation under parties' employment agreement. Respondent to pay applicant $16,153 redundancy compensation. Interest payable.;COSTS: Applicant instructed solicitor prior to lodging statement of problem. Applicant self represented in investigation. Respondent to pay applicant $1000 contribution towards costs.
Result Applications granted; Arrears of holiday pay ($13,153.83); Arrears of wages ($5,000); Breach of contract ($16,153.83); Interest (5%); Costs ($1000); Disbursements ($71.56)(filing fee)
Main Category Arrears
Statutes ERA s6 - ERA s690I - ERA s690J - ERA s690L - ERA Part 6A - Judicature Act 1908 s87(3)
Number of Pages 15
PDF File Link: 2013_NZERA_Christchurch_60.pdf [pdf 209 KB]