| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 149 |
| Hearing date | 9 Jan 2013 |
| Determination date | 01 May 2013 |
| Member | T MacKinnon |
| Representation | No appearance ; E Butcher, S Kelly |
| Parties | Narayan v Telecom New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably disadvantaged by withdrawal of promotion and discrimination in workplace and unjustifiably dismissed by respondent – Applicant applied for annual leave but was not granted entire period applied for - Applicant sick following expiration of annual leave period - Applicant overseas - Respondent questioned authenticity of foreign medical certificate - Medical certificate false – Applicant alleged threatened and bullied by manager so manager handling investigation replaced – Offer of promotion put on hold pending outcome of investigation - Applicant claimed disparate treatment of foreign certificate compared to New Zealand certificate - HEALTH AND SAFETY – Applicant claimed respondent failed to provide safe and healthy work environment - Applicant claimed respondent failed to protect applicant from personal comments or violent attack" – No appearance for applicant - Broadband helpdesk specialist" |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Appropriate for respondent to make enquiries into medical certificate. Applicant fully and fairly informed of allegations. Applicant’s responses fully considered. New investigator brought fresh perspective and objectivity. Respondent reasonably concluded medical certificate not genuine. Fair to categorise applicant’s actions as serious misconduct. No evidence respondent’s treatment of applicant's medical certificate constituted discrimination. No basis for claim applicant bullied. Any disadvantage suffered by respondent putting promotion on hold during investigation justified. No unjustified disadvantage. Dismissal justified.;HEALTH AND SAFETY: No substance to claims. No breach of health and safety obligations. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3)(a) - ERA s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d);Privacy Act 1993 |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd (1990) ERNZ Sel Cas 985 ; [1990] 3 NZLR 549;Angus v Ports of Auckland [2011] NZEmpC 160 |
| Number of Pages | 25 |
| PDF File Link: | 2013_NZERA_Auckland_149.pdf [pdf 319 KB] |