| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 278/09 |
| Hearing date | 12 Aug 2009 |
| Determination date | 14 August 2009 |
| Member | V Campbell |
| Representation | C Mills (in person) ; M Forster |
| Location | Hamilton |
| Parties | Mills v Effluent & Irrigation Deisgn (NZ) Ltd |
| Summary | ARREARS OF WAGES - Applicant paid for one week of four week notice period following dismissal for redundancy - Applicant sought three weeks pay in lieu of notice - Respondent claimed applicant worked various hours throughout employment and for last three weeks of notice period no work available therefore no payment due - Authority found work available for at least part of notice period - Found written employment agreement clear and unambiguous - Found if respondent exercised discretion not to require applicant to work, required to give pay in lieu - Respondent to pay applicant three weeks pay in lieu of notice - Technician/Installer |
| Result | Application granted ; Arrears of wages ($2,322)(Pay in lieu of notice) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s131 |
| Number of Pages | 3 |
| PDF File Link: | aa 278_09.pdf [pdf 18 KB] |