Can an employer sue an employee?
Most cases in the Employment Authority or the Employment Court are brought by employees. But if an employee breaks a specific clause or agreement then the employer has just as much right to lodge a claim against the employee.
A Real Case
Hayden Parsons and Tabatha Burrow worked for the Regent Night 'n 'Day food store in Dunedin. Their Employment Agreements required them to give four weeks' notice of termination in the event that they wished to resign. It also required them to return any property belonging to the employer when they left, particularly including the uniforms that they were required to wear when performing their jobs. Quite simple and straight forward.
Parsons and Burrow resigned from their employment, but failed to give the required period of notice to their employer. They also failed to return their uniforms.
The employer was really annoyed at this situation. It brought a claim against Parsons and Burrow . . . . . . and succeeded!
The employer argued that the prospect of short notice provides a number of real and potential inconveniences for an employer. It must, at short notice, find someone to cover shifts for the departing workers.
Presumably, it must also find new employees (preferably promptly), and provide them with the uniforms required to perform their roles.
The Employment Authority agreed with the claim - and ordered both Mr Parsons and Miss Burrow to pay their former employer amounts for the period of unworked notice, and for the uniforms that they failed to return. .....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!
