| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 19/01 |
| Determination date | 14 March 2001 |
| Member | WRC Gardiner |
| Representation | G Pollak ; J Mills |
| Location | Auckland |
| Parties | McRoberts v Television New Zealand Ltd |
| Summary | DISPUTE - Fixed term contract - Whether applicant could resign from his employment - Whether contract legal, valid and enforceable - Employer refused to negotiate penalty - Believed no right of resignation - No breach of good faith - Terms and conditions provided by collective and individual employment contracts - Both contracts contemplated early cessation of employment - Contract not illegal - Resignation possible - Penalty as provided in contract to be paid - Television news presenter |
| Result | Application allowed ; Costs reserved |
| Statutes | Illegal Contracts 1970 |
| Cases Cited | Actors' Industrial Union v Auckland Theatre Trust [1989] 2 NZLR 154;Clark v Vita New Zealand Ltd unreported, Colgan J, 17 March 1997, AEC 21/97;Smith v Radio i Ltd [1995] 1 ERNZ 281 |
| Number of Pages | 10 |
| PDF File Link: | aa 19_01.pdf [pdf 50 KB] |