Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 81/04
Hearing date 27 Jul 2004
Determination date 30 July 2004
Member P Cheyne
Representation B Climo ; no appearance
Location Christchurch
Parties Wilde v Tapawera Logging Ltd
Summary UNJUSTIFIED DISMISSAL - No appearance for respondent - Work site significant commute from nearest town - Applicant absent from work for one day after request for leave neither granted nor refused - Not picked up for work following day despite agreement with colleague - Alleged deliberate plot by manager to prevent transport for applicant - No further attempts to attend work on subsequent days - Absent without authority - No adequate reason for applicant to treat employment as terminated - No dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Respondent not entitled to withhold wages and holiday pay without express written consent - Arrears not raised in statement of problem - No arrears awarded - If respondent entered liquidation appropriate to raise issue with liquidator - Logging worker
Result Application dismissed ; Costs reserved
Statutes Wages Protection Act 1983
Number of Pages 3
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