| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 155/06 |
| Hearing date | 25 Oct 2006 |
| Determination date | 06 November 2006 |
| Member | P R Stapp |
| Representation | M Williams ; S Webster |
| Location | Wellington |
| Parties | Ellison v Kelston Orchards Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Seasonal work – Applicant worked one day, then had three meetings over next few days - Applicant alleged respondent unjustifiably changed his role significantly enough to disadvantage him - Employment relationship existed - Applicant had worked as harvest manager during 2002, 2003, and 2004 – Each season, terms and conditions of employment were discussed and based on previous season’s arrangements – Applicant’s evidence preferred – Respondent entitled to structure position differently, but implementation of decision unjustified in circumstances – Applicant had reasonable understanding that he would carry out same role as previous season – Applicant had no prior notice of change, except to find out from gossip and “bullish” remark made by orchard manager – Applicant further disadvantaged because was left with prospect that bonus could be affected – Unjustified disadvantage ARREARS OF WAGES AND HOLIDAY PAY - Parties to discuss matter of wages and holiday pay owing for five hours worked – COSTS – Costs in favour of applicant $2,000 plus filing fee – Length of service approximately one day - Harvest manager |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Arrears of wages and holiday pay (matter left for parties to discuss) ; Costs in favour of applicant ($2,000) ; Disbursements ($70) |
| Number of Pages | 7 |
| PDF File Link: | wa 155_06.pdf [pdf 34 KB] |