| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 85/07 |
| Hearing date | 6 Jun 2007 - 20 Jul 2007 (2 days) |
| Determination date | 25 July 2007 |
| Member | J Crichton |
| Representation | R Webster (in person) ; A Bush |
| Location | Christchurch |
| Parties | Webster v Bush and Anor t/a Queenstown Physiotherapy |
| Summary | ARREARS OF WAGES - Respondents provided cheque in full settlement of arrears claim when filed statement in reply - Payment forwarded to applicant - Matter resolved - BREACH OF CONTRACT - Counterclaim - Respondents alleged early termination of applicant's employment caused them loss - Sought damages equivalent to one week's notice - Applicant claimed only given part time hours, not full time as expected - Left employment as unable to meet obligations at reduced level of income - Respondents accepted employment agreement contained provisions which did not accord with nature of relationship they desired to have with applicant - However, submitted applicant would have been given more hours if she asked - Also, offered her more hours when she resigned - Counterclaim not made out - Unfair and unjust to further penalise applicant by requiring her to pay missing week's notice - Physiotherapist |
| Result | Orders accordingly ; Counterclaim dismissed ; No order for costs |
| Main Category | Breach of Contract |
| Number of Pages | 5 |
| PDF File Link: | ca 85_07.pdf [pdf 22 KB] |