Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2013] NZERA Christchurch 212
Hearing date 9 Oct 2013
Determination date 09 October 2013
Member M B Loftus
Representation B Austin ; M Coulter
Location Christchurch
Parties Austin v Aquacraft Plumbing Ltd
Summary ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant entitled to bonus payment - Parties employment agreement provided bonus payable if employment terminated by respondent or mutual agreement - Applicant resigned but parties agreed to termination date - Whether termination mutually agreed - Apprentice plumber
Abstract AUTHORITY FOUND -;ARREARS OF WAGES: Applicant resigned after considerable thought. Appropriate to consider whether applicant prime mover in process of termination. Discussion about termination nothing more than agreement on necessary term applicable to resignation already tendered. Applicant prime mover of termination. Resignation not mutually agreed. No bonus entitlement. No arrears of wages.
Result Application dismissed; Costs to lie where they fall
Main Category Arrears
Number of Pages 5
PDF File Link: 2013_NZERA_Christchurch_212.pdf [pdf 156 KB]