| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 541 |
| Hearing date | 5 Dec 2011 |
| Determination date | 20 December 2011 |
| Member | J Crichton |
| Representation | S Scott ; A Tiatia |
| Location | Hamilton |
| Parties | Roberts v The Waikato District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent by not being paid when ready, willing and able to work – Respondent claimed applicant failed to provide medical clearance enabling return to work – Applicant made complaint about colleague which was found to be unsubstantiated – Applicant went on period of sick leave and wished to be redeployed upon return – Parties had various attendances to discuss return to work programme – Applicant took period of unplanned annual leave followed by various periods of sick leave – Parties agreed leave taken without authorisation – Applicant critical of respondent executives – Applicant eventually offered continued employment by respondent in different area and medical certificate not required – Applicant not paid during period of discussions with respondent – Applicant claimed absence of money caused great distress – Authority found applicant suffered disadvantage by being off pay for period in question – Found vacancy applicant eventually filled available when parties initially discussed redeployment – Found applicant started work without medical certificate which respondent placed much reliance on initially – Found respondent took far too long to find alternative duties for applicant particularly when work always available – Found process not what fair and reasonable employer could undertake – Found fair and reasonable employer could not accept delay in identifying role for affected employee which was there all along – Found respondent failed to communicate adequately with applicant and failed to identify position within acceptable timeframe as applicant off pay – Unjustified disadvantage – REMEDIES – No contributory conduct – Reimbursement of lost wages for period applicant off pay appropriate – $4,000 compensation appropriate – Interest payable – Registered Nurse |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,000) ; Interest (4.25%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_541.pdf [pdf 34 KB] |