| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 148/09 |
| Hearing date | 10 Jun 2009 - 17 Jun 2009 (2 days) |
| Determination date | 04 September 2009 |
| Member | H Doyle |
| Representation | D Crozier (in person) ; M Wright |
| Location | Dunedin;Christchurch |
| Parties | Crozier v Office Furniture & Equipment (2006) Ltd t/a Design 4 Work |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant argued owed one week’s wages and holiday pay in lieu of notice because only given three week’s notice of termination of employment not four week’s notice as required under employment agreement – Respondent did not accept further week’s notice required – Respondent claimed applicant responsible in part for delay in provision of written notice due to negotiations with new employer – Authority found respondent required to give notice of termination in event business sold, terms and conditions offered less favourable or no recognition of applicant’s previous service – Found applicant’s actions leading up to written notice did not change obligations – Respondent argued applicant suffered no loss only having three week’s notice in writing because started new employment immediately after employment with respondent terminated – Found starting new employment did not change contractual obligations as to notice – Respondent argued applicant’s new employment was same or no less favourable – Found new position less favourable because commission component of remuneration risky and no recognition of applicant’s previous service – Found arrears due and owing – Branch/Sales manager |
| Result | Application granted ; Arrears of wages ($1,250) ; Arrears of holiday pay ($100) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 6 |
| PDF File Link: | ca 148_09.pdf [pdf 23 KB] |