Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2016] NZERA Christchurch 185
Hearing date 26-Jul-16
Determination date 11 October 2016
Member P van Keulen
Representation M Harrison ; S Ngauamo
Location Christchurch
Parties Bond and McPhail v LFH Construction Ltd
Summary UNJUSTIFIED DISMISSAL – Dismissal – Applicants claimed unjustifiably dismissed by respondents - ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought arrears of wages and holiday pay
Abstract AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: More likely that applicants resigned when respondent told them could not afford to pay them. No dismissal.ARREARS OF WAGES AND HOLIDAY PAY: Applicants paid in full for time worked, including holiday pay. Applicants resigned without giving notice, so not entitled to payment for notice. No arrears.
Result Applications dismissed ; Costs reserved
Main Category Personal Grievance
Cases Cited Biddle v R [2015] NZHC 2673 ; R v Biddle [2015] NZDC 8992
Number of Pages 16
PDF File Link: 2016_NZERA_Christchurch_185.pdf [pdf 299 KB]