| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 135 |
| Hearing date | 19-Dec-17 |
| Determination date | 21 December 2017 |
| Member | J Crichton |
| Representation | A Kersjes ; P Ross |
| Location | Napier |
| Parties | Gray v B A Chilton Logging Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Gang Forman |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Employment ended by abandonment. Applicant communicated intentions to a subordinate and handed over keys to company car and property that belonged to respondent. Applicant did not attempt to contact respondent about his work status. Applicant had bought employment to an end. No dismissal. ARREARS OF HOLIDAY PAY: Applicant owed arrears of holiday pay plus interest. Respondent retained applicant’s holiday pay. Respondent to pay applicant arrears of holiday pay for the period of work that applicant performed work. |
| Result | Application dismissed ; Arrears of holiday pay (quantum to be determined) ; Interest (5%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Cases Cited | Cross v Onerahi Hotel Ltd [2014] NZEmpC 26 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Wellington_135.pdf [pdf 167 KB] |