| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 36/10 |
| Hearing date | 15 Feb 2010 |
| Determination date | 19 February 2010 |
| Member | J Crichton |
| Representation | RJ Schultz (in person) ; A Higgins |
| Location | Christchurch |
| Parties | Schultz v Willows Tavern Ltd |
| Summary | BREACH OF CONTRACT - ARREARS OF HOLIDAY PAY - Applicant Australian national who alleged owed wages and reimbursement of costs for 12 month employment relationship with respondent to manage tavern - Respondent claimed applicant travelled to New Zealand as consequence of agreeing to buy into respondent - Found parties agreed to employment relationship with applicant being employed by respondent to manage tavern - One of respondent’s owners (“W”) claimed applicant gave notice returning to Australia at end of 12 month period but subsequently agreed would work for another few months after that - Two weeks later was altercation between applicant and W about failure of staff member to turn up for duty - W claimed applicant truculent, aggressive and unpleasant - W called Police but applicant left before they arrived - Applicant issued with trespass notice - Applicant accepted was altercation but claimed did nothing to justify Police being called or issuing of trespass notice - W's evidence preferred - Respondent drafted document purporting to be full and final settlement of all matters between parties with applicant being paid final pay and holiday pay - Applicant’s partner signed agreement on behalf of applicant - Applicant claimed signed agreement under duress and told if did not sign would receive nothing - Found parties negotiated agreement in good faith - Found applicant had indicated would seek legal advice before partner signed agreement - Authority found agreement was full and final settlement of all issues between parties accept for statutory holidays - Found agreement did not provide for applicant to be paid for five statutory holidays worked - Found parties unable to contract out of statutory entitlements - Applicant to be paid $1,000 arrears of holiday pay - UNJUSTIFIED DISMISSAL – Found by applicant’s own evidence resigned two weeks before altercation - Found calling Police and trespass notice not evidence of dismissal rather evidence W frightened of applicant and sought protection - No unjustified dismissal - COSTS - Costs to lie where they fall |
| Result | Application dismissed (Unjustified dismissal)(Breach of contract) ; Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($1,000) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | Trespass Act 1980 |
| Number of Pages | 7 |
| PDF File Link: | ca 36_10.pdf [pdf 30 KB] |