| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 187 |
| Hearing date | 21 May 2013 |
| Determination date | 06 September 2013 |
| Member | M B Loftus |
| Representation | R Donnelly ; A Lodge |
| Location | Invercargill |
| Parties | Waldron v MKA Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant sought time off work to look after wife - Respondent claimed applicant granted time off but when more time off requested respondent suggested working a few hours each day so applicant could remain on full pay - Whether applicant resigned or dismissed - Trade me advertisement stated applicant selling vehicle as 'moving on' - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Applicant had borrowed money from respondent and respondent claimed not required to pay full amount |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: At times applicant's evidence lacked specificity and consistency. Respondent's evidence preferred. No dismissal.;ARREARS OF HOLIDAY PAY: Deductions only allowed with authority from employee. Authority given via employment agreement. Applicant accepted more money owed to respondent than arrears of holiday due on cessation. No arrears of holiday pay. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Wags Protection Act 1983 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_187.pdf [pdf 171 KB] |