The parties sought construction of a term of the contract of employment as to the payments due when an employee was not required to work (lay-off). It provided for a payment during such a period, but the company suspended the clause after two weeks. Had the company given appropriate notice?
Held: The EAT was in as good a position as the original tribunal to construe a document. There were no issues of fact to settle. The clause required work to be unavailable at the time when the notice was given. The company could not give notice anticipating reduced demand. The idea was to give the workforce a breathing space once the company found itself in this position. There had been an unlawful deduction from the wages.
Judges:
His Hon Judge Clark
Citations:
EAT/409/01
Employment, Contract
Updated: 08 May 2022; Ref: scu.172148