Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 85/04
Hearing date 1 Jul 2004
Determination date 04 August 2004
Member P Cheyne
Representation LJ McPherson ; no appearance
Location Christchurch
Parties McPherson v Dunedin Craft Centre Ltd
Summary ARREARS OF WAGES AND HOLIDAY PAY - Company employer not director - No legal basis for looking beyond company - Sought wages in lieu of notice - Even though applicant elected to cease work instead of working out notice period was still entitled to wages for that period - $2,880 wages due and owing - $5,040 holiday pay due and owing - Contrary to respondent's allegation, satisfied that applicant entitled to certain property in his possession - PERSONAL GRIEVANCE - Applicant sought compensation for breach of good faith - Applicant had agreed to reduced hourly rate for period of time because company had shortage of money with which to pay debts - Shortly after was made redundant - Agreement to reduced wage not conditional on applicant's continued employment - No breach of good faith in any event
Result Application granted ; Arrears of wages ($2,880) ; Arrears of holiday pay ($5,40) ; Disbursements in favour of applicant ($70)
Number of Pages 3
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