| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 235 |
| Hearing date | 12 Nov 2013 |
| Determination date | 13 November 2013 |
| Member | D Appleton |
| Representation | J Bentley ; A Isherwood |
| Location | Christchurch |
| Parties | Paengkam v G.L. Freeman Holdings Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant claimed cleaning chemicals caused skin irritation and carrying bags caused knee problems – Applicant required to provide own gloves - Applicant resigned for medical reasons – Whether applicant informed respondent of resignation – Whether applicant provided sufficient notice of resignation - Whether respondent entitled to withhold wages - Cleaner |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant notified respondent of resignation. Chemicals and bag lifting caused issues for applicant. Respondent failed to take all reasonable care not to cause applicant physical injury. Respondent fundamentally breached employment agreement. Applicant entitled to resign immediately. No grounds to withhold applicant’s pay. Respondent to pay applicant $308 arrears of wages and $24 arrears of holiday pay. Interest payable. |
| Result | Application granted ; Arrears of wages ($308.13) ; Arrears of holiday pay ($24.64) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA second schedule cl 11(1) - Judicature Act s87(3) |
| Cases Cited | Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79;Gilbert v Attorney-General in Respect of the Chief Executive of the Department of Corrections [2000] 1 ERNZ 332;Livingston v GL Freeman Holdings Ltd [2013] NZERA Christchurch 90 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_235.pdf [pdf 224 KB] |