| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 58 |
| Hearing date | 18 Feb 2014 |
| Determination date | 18 February 2014 |
| Member | R Arthur |
| Representation | R Williams (in person) ; K Mulholland |
| Parties | Williams v Intercivil Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Applicant resigned with intention to work for competitor - Applicant on garden leave and was to serve notice period on full pay - Applicant used competitor vehicle and respondent stopped wages as believed applicant to be in breach of restraint of trade and repudiated agreement |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Respondent failed to notify applicant of intention to stop wages. Respondent did not respond to applicant's queries. Cancellation did not take effect. Respondent did not consider applicant's explanation of vehicle use. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Application granted; Arrears of wages (quantum to be determined); No order for costs |
| Main Category | Arrears |
| Statutes | ERA s103A - ERA s137 - ERA s138 - Contractual Remedies Act 1979 s8 - Contractual Remedies Act 1979 s8(1)(b) - Wages Protection Act 1983 Wages Protection Act 1983 s4 - Wages Protection Act 1983 s5(1) - Wages Protection Act 1983 s6(2) - |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_58.pdf [pdf 164 KB] |