| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 91/04 |
| Hearing date | 22 Jul 2004 |
| Determination date | 23 July 2004 |
| Member | P R Stapp |
| Representation | A Millar ; no appearance |
| Location | Palmerston North |
| Parties | Cottle v Roberts t/a T Market Bakery |
| Summary | UNJUSTIFIED DISADVANTAGE - Confirmation of earlier oral determination - No appearance by respondent - Unilateral variation of hours of work - Respondent phoned applicant and informed him days of work would change - Not permitted to unilaterally change hours and days without proper consultation - Unjustified disadvantage established - UNJUSTIFIED DISMISSAL - Alleged dismissed after told respondent his hours and days of work could not be unilaterally varied - Was told you're gone" and sworn at - Respondent's comments were not the way a fair and reasonable employer could have been expected to behave - Unjustified dismissal - Failure to provide reasonable notice of dismissal - ARREARS OF HOLIDAY PAY - Not provided with written employment agreement - Respondent failed to provide wages and time records - Holiday pay due and owing - COSTS - Applicant sought costs of $1,100 plus filing fee - Failure by respondent to attend mediation - Costs sought appropriate - Costs claimed for mediation and investigation meeting reasonable" |
| Result | Application granted ; Reimbursement of lost wages ($5,200)(12 weeks) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($316.80) ; Costs in favour of applicant ($1,100) ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s64;ERA s130;ERA Second Schedule cl12 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |