Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 217/05
Hearing date 6 May 2005
Determination date 15 June 2005
Member V Campbell
Representation BK Musson (in person) ; M Langdon
Location Auckland
Parties Musson v Abilities Incorporated
Summary ARREARS OF WAGES - Applicant alleged he signed a form promising increase in hourly rate after trial period completed - Wage increase not paid - Authority not satisfied form produced was one used by respondent - Claim for wage increase not made out - Applicant paid correctly for all hours worked - UNJUSTIFIED DISADVANTAGE - Applicant received two warnings about time keeping - Warning issued in absence of procedural fairness could constitute an unjustified disadvantage - Remedies - Scant evidence of hurt and humiliation - Applicant aware of requirement to communicate with respondent when absent - Contributory conduct 50 percent
Result Application dismissed (Arrears) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000 reduced to $500) ; No order for costs ; Filing fee in favour of applicant ($70)
Number of Pages 6
PDF File Link: aa 217_05.pdf [pdf 23 KB]