| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108/07 |
| Hearing date | 31 Aug 2007 |
| Determination date | 31 August 2007 |
| Member | P Cheyne |
| Representation | J Goldstein ; no appearance |
| Location | Christchurch |
| Parties | Patterson v Avalon Ltd t/a Rosebank Winery |
| Summary | UNJUSTIFIED DISMISSED - No appearance by respondent - Applicant criticised after used telephone at work - Later suspended and respondent indicated it did not want her back at work - Applicant raised grievances in relation to suspension and apparent dismissal - Respondent's response did not attempt to say applicant not dismissed - Circumstances amounted to sending away - Dismissal unjustified - Suspension not dealt with separately, although also unjustified - Remedies - Authority accepted applicant probably more affected by events than others might be because of pre-existing health problem - ARREARS OF HOLIDAY PAY - Applicant worked briefly for respondent in 1999 before commencing regular employment following year - Discontinuous periods of employment - First obligation to pay holiday pay arose when first period of employment ended - Claim relating to first period of employment unsuccessful as recovery proceedings not initiated within six year limitation period - Holiday pay due and owing for second period of employment, including alternative holidays and time and a half payments - Interest 10 percent - COSTS - Length of investigation meeting not specified - Costs in applicant's favour |
| Result | Application granted ; Reimbursement of lost wages ($1,460.85) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($2,153.99) ; Interest (10%) ; Costs in favour of applicant ($750) |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003 s24;Holidays Act 2003 s25 |
| Number of Pages | 5 |
| PDF File Link: | ca 108_07.pdf [pdf 21 KB] |