| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 78/05 |
| Hearing date | 20 Apr 2005 |
| Determination date | 17 May 2005 |
| Member | P R Stapp |
| Representation | D MacDonald (in person), A Barron (in person) ; I Hayward |
| Location | New Plymouth |
| Parties | MacDonald and Anor v Hayward t/a Hayward Crosscutters |
| Other Parties | Barron |
| Summary | UNJUSTIFIED DISADVANTAGE - Unilateral decrease of applicants' hourly rate - No provision in employment agreement for reduction of hourly rate - Any reduction needed agreement of parties - In this case attempt to reach agreement followed decision to reduce rate of pay - Unilateral reduction was unjustified action - One applicant reasonably concluded employment had ended when he did not agree to reduced rate - Other applicant initially accepted reduced rate but after changing his mind did not return to work - Applicants' employment affected to disadvantage because employment ended due to respondent's decision to reduce hourly rate - Remedies - Lost wages for three week period after which it appeared employment of all employees terminated - No evidence that other compensation warranted - ARREARS OF WAGES - One applicant claimed not properly paid for hours worked - Signed wage and time records for receipt of wages actually paid - No wages due - Forestry workers |
| Result | Application granted ; Reimbursement of lost wages ($1,665)(3 weeks)(per applicant) ; No order for costs |
| Number of Pages | 5 |
| PDF File Link: | wa 78_05.pdf [pdf 28 KB] |