Her
employer got into financial difficulties and the bank froze its accounts and
therefore wages could not be paid.
The
employee refused to continue working when she was not being paid, and put in
her resignation. The ERA held that was a
constructive dismissal as the employer’s failure to pay wages was a fundamental
breach of its obligations.
The
employee was awarded four weeks pay for her notice period, plus the shortfall
between her salary and the lower pay in her new job for three months, as well
as her unpaid salary up to her resignation, and $3,500 compensation.
Alan
Knowsley
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