| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 162/08 |
| Hearing date | 24 Oct 2008 |
| Determination date | 28 October 2008 |
| Member | P Cheyne |
| Representation | N Speirs ; R Byron |
| Location | Gore |
| Parties | Abbey Stone Ltd v Byron |
| Summary | INJUNCTION – Written employment agreement provided for either party to terminate employment on four weeks notice – Applicant sought injunction requiring respondent return to work and work out notice period – Authority found at heart of problem was applicant’s claim that paid respondent annual leave in advance – Payment for time not worked arose from respondent taking time off when child born thinking would be entitled to paid parental leave – Applicant continued to pay respondent on understanding would repay advance once payment received from Inland Revenue Department – During leave period respondent discovered not entitled to IRD payment and sought return to work with applicant – Applicant declined to take respondent back as had engaged temp – Authority found now that respondent had left applicant without notice, applicant wanted respondent to work and for the wages due for that work to be offset against annual leave advance – Claimed would avoid potential difficulty of enforcing judgment against respondent – Authority found ordering respondent to work for applicant likely to exacerbate employment relationship rather than remedy it – Application for injunction declined |
| Result | Application declined ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 2 |
| PDF File Link: | ca 162_08.pdf [pdf 14 KB] |