| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 8/05 |
| Hearing date | 21 Dec 2004 |
| Determination date | 25 January 2005 |
| Member | H Doyle |
| Representation | R Williams ; no appearance |
| Location | Christchurch |
| Parties | Williams Hickman Electrical Ltd v Gower |
| Summary | BREACH OF CONTRACT - Applicant sought to recover monies from respondent equivalent to two weeks wages less holiday pay in accordance with employment agreement - Respondent failed to give required notice when resigned - No appearance by respondent - Respondent deposed in affidavit was aware of entitlement to hear applicant's evidence and waived that right - After demand notice sent to respondent, respondent raised for first time argument that he was ill and would not have been able to work those two weeks - No mutual agreement of termination - Proper notice not given - Forfeiture of two weeks wages was genuine pre-estimate of loss not penalty - Clause of agreement upheld - Applicant entitled to $947 from respondent - COSTS - Small award reflective of executive time of director of applicant appropriate - Electrician |
| Result | Other monies ($977.44)(Two weeks wages for failure to give notice) ; Costs in favour of applicant ($100)(Executive time) ; Disbursements ($70)(Filing fee) |
| Cases Cited | Wages Protection Act s4;Wages Protection Act s5 |
| Number of Pages | 5 |
| PDF File Link: | ca 8_05.pdf [pdf 709 KB] |