| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 167 |
| Hearing date | 3 Apr 2013 |
| Determination date | 16 August 2013 |
| Member | C Hickey |
| Representation | Y Ye (in person) ; F McMillan |
| Location | Christchurch |
| Parties | Ye v Christchurch Zhonghua Chinese Society Inc |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant abandoned employment – Limited instructions given to applicant after change of respondent’s committee – Applicant required to return keys – Community co-ordinator |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent aware applicant employed but decided not to continue to instruct applicant to undertake role. Applicant did not abandon employment. No written notice of termination given to applicant as required by employment agreement. Applicant remained ready, willing and able to undertake any tasks set by respondent and continued with general administration. Respondent to pay applicant $6,225 arrears of wages and $735 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($6,225) ; Arrears of holiday pay ($735) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s174;Holidays Act 2003;Minimum Wage Act 1983;Wages Protection Act 1983 |
| Cases Cited | E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_167.pdf [pdf 245 KB] |