| Commentary

(b) Exceptions

| Commentary

(b)     Exceptions

(i)     Generally

The employer may not be liable for the whole of the statutory period. The exceptions are set out here.

(ii)     Leave of absence

If the employee asks for time off the employer is not liable under ERA 1996 ss 8791 for the period of any leave of absence so granted (s 91).

(iii)     Strikes

The employer does not have to pay anything at all under ss 87–91 to an employee who gives notice to terminate and then goes on strike (s 91(2)). The relevant notice to terminate may be the formal strike notice, but the strike need

To continue reading
Analyse the law and clarify obscure passages all within a practical context.