| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 36 |
| Hearing date | 25 Feb 2014 |
| Determination date | 26 February 2014 |
| Member | D Appleton |
| Representation | M Beer, C Beer ; G La Hood |
| Location | Christchurch |
| Parties | Mica Developments Ltd v Wang (Labour Inspector) |
| Summary | PRACTICE AND PROCEDURE – Applicant objected to respondent’s improvement notice requiring applicant to pay sick pay to former employee (“S”) – Whether S took sick leave with no intention of returning to applicant – Whether S resigned before going on sick leave |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: S resigned during heated discussion before going on sick leave. Applicant inquired as to S’s intentions after S cooled down and effectively accepted S’s withdrawal of resignation. S remained employee during sick leave and applicant accepted S employee when S submitted resignation at end of sick leave. Applicant obliged to pay S sick leave given proof of sickness in form of medical certificate. Objection to improvement notice dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s4(1A)(b);ERA s221(c);ERA s223D;ERA s223E;Holidays Act 2003;Holidays Act 2003 s68;Holidays Act 2003 s71;Holidays Act 2003 s71(1);Holidays Act 2003 s72 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_36.pdf [pdf 162 KB] |