| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 39 |
| Hearing date | 27 Mar 2015 |
| Determination date | 30 March 2015 |
| Member | D Appleton |
| Representation | M Danilewicz ; H Wright |
| Location | Christchurch |
| Parties | Danilewicz v Springs Road Quarry t/a CCL Construction Contracting |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Failure to pay applicant for notice period – Deductions from wages - Whether applicant dismissed or abandoned employment - Whether clause in employment agreement (“EA”) allowed respondent to withhold pay for abandonment – Driver |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES AND HOLIDAY PAY: Respondent accepted could not rely on abandonment clause in EA. Respondent to pay applicant $1,320 arrears of wages and arrears of holiday pay (quantum to be determined). Issue of whether applicant dismissed or abandoned employment not decided as more evidence needed. Whether applicant entitled to notice pay issue still to be determined. |
| Result | Application partially granted ; Arrears of wages ($1,320) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s114(1);ERA s114(3;ERA s160(1)(a);Holidays Act s 23 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Christchurch_39.pdf [pdf 149 KB] |