$7000 payout after hours cut

A produce store has to pay a worker more than $7000 after reducing her hours without consent and attempting to dictate when she could take annual leave.

The Employment Relations Authority was told Yu Chan (Amy) Ye began working four days a week for a total of 46 hours at Fruit World Dannemora, an Auckland fruit and vegetable franchise, in January 2005.

When the business was bought by Ruifa Produce in July 2007, the new owners, Sam and Sue Shen, advised all staff they would be on trial, and offered permanent employment if they proved satisfactory.

Shortly before the business was taken over, Ms Ye had injured her back and taken three weeks off work, before returning and working only 32 hours in her first week back.

Despite being able to produce pay records showing she regularly worked 46 hours, her employers suggested that because she worked only 32 hours in the first week back, at the time of the ownership change, her hours were only 32 hours per week.

In early 2008, she approached her employers to take leave that June to travel to China, and, believing they had given her permission, bought airline tickets.

Mr and Mrs Shen told the ERA they were aware Ms Ye wanted to take leave but had not approved it and didn't know she had bought tickets.

On April 6, 2008, Ms Ye received a call from Mr and Mrs Shen saying she had to take annual leave immediately, rather than in June, and that they could decide when she would take her leave.

When she showed up to work the next day and refused to go home, she was given demeaning work like sweeping outside the shop, and later that same day discovered the work roster had been changed and she was rostered to work only two days a week.

When she arrived home from work, she said, she "mentally collapsed", could not eat or sleep and cried.

She took sick leave immediately, and several weeks later raised a personal grievance, before contacting the authority.

The ERA said it was reasonable for the employees to expect their employment conditions would continue as before when the business was taken over, and Mr and Mrs Shen were under the misapprehension they could dictate when employees took leave.

The authority found the owners provided a hostile work environment and Ms Ye was unjustifiably constructively dismissed.

It ordered Ruifa Produce to pay Ms Ye sick leave owed, along with eight weeks' wages totalling $4416, annual leave for 12 weeks' wages totalling $353, and any outstanding annual leave.

Ms Ye was also awarded $2500 for hurt and humiliation.

- NZPA