| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 312/07 |
| Hearing date | 4 Sep 2007 |
| Determination date | 05 October 2007 |
| Member | L Robinson |
| Representation | M O'Brien ; S Mitchell, C Boell |
| Location | Auckland |
| Parties | F Fabbian Lighting (NZ) Ltd v La Cava & Anor |
| Other Parties | Melito Investments Ltd |
| Summary | PRELIMINARY QUESTION – DISPUTE - Parties disagreed about date first respondent’s employment ended – Answer informed temporal limits of contentious restrictive covenants - Substantive employment relationship question to be addressed later – Respondent resigned giving four week's notice – Applicant alleged respondent took annual leave during closedown and remain employee – Respondent claimed parties agreed employment would end at start of closedown – Also disagreement over date respondent resigned – Authority accepted veracity of letter produced that gave notice of termination at end of closedown – Respondent’s last day at work was start of Christmas closedown - Final pay included holiday pay until end of closedown – Whether parties agreed to vary termination date in letter – Parties agreed respondent would “finish up” before Christmas – Ambiguity about whether last day of employment as well as last day of work – Applicant maintained respondent required to take last two weeks of notice as annual leave in accordance with closedown provisions – Closedown provisions not correctly applied – Respondent not entitled to leave, took anticipated leave – Ordinarily not proper for employer to unilaterally require notice to be taken as annual leave – However, Authority inclined to accept parties acted genuinely in accordance with closedown provisions and applicant not attempting to reduce final pay – Parties did not expressly agree respondent’s employment would terminate before closedown – No variation to initial date given when respondent resigned, merely agreement not required to work final two weeks – Applicant conducted itself consistent with initial agreement – Completion of leave form by respondent inconsistent with current position – Respondent’s employment terminated after close down - Commercial Lighting Consultant |
| Result | Question answered in favour of applicant ; Orders accordingly ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 8 |
| PDF File Link: | aa 312_07.pdf [pdf 34 KB] |