Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 28/06
Hearing date 22 Feb 2006
Determination date 23 February 2006
Member P Cheyne
Representation NK Kelly (in person) ; J Howman
Location Christchurch
Parties Kelly v Howman t/a Serenada Country Lodge
Summary DISPUTE - Applicant sought payment of wages for two weeks' notice period - Respondent closed business for six weeks but continued to pay staff during that time - Respondent said she gave that undertaking on basis that staff would return to work for her when business reopened - Applicant worked in alternative job during shutdown - Then gave two weeks' notice of resignation - Respondent alleged was an element of deceit or calculation behind applicant's actions - As a result, respondent alleged did not need to pay her during notice period - Employment agreement was for minimum of 35 hours per week - Respondent obliged to pay applicant for minimum hours each week and could not insist on applicant's return to work as condition of payment for closedown period - Entitled to payment for two weeks' notice period
Result Orders accordingly ; Payment for notice period wages ($1,050)(Two weeks') ; No order for costs
Number of Pages 2
PDF File Link: ca 28_06.pdf [pdf 12 KB]