| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 146 |
| Hearing date | 27 Mar 2013 |
| Determination date | 29 April 2013 |
| Member | J Crichton |
| Representation | A McInally ; K Dunn |
| Location | Auckland |
| Parties | Argus v New Zealand Steel Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s refusal to pay applicant “prolonged sickness” leave - Application of collective agreement – Applicant unable to perform duties following surgery – Applicant returned in part-time training role – Whether continuous absence broken by part-time role - Whether respondent’s HR Manager had authority to promise “prolonged sickness” leave |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Applicant unfit for work he normally and habitually performed. Continuous absence not broken. HR Manager had ostensible authority to make agreement on behalf of respondent. Respondent estopped from resiling from arrangement. Applicant unjustifiably disadvantaged by respondent’s refusal to pay applicant “prolonged sickness” leave. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $3,500 compensation appropriate. Authority ordered respondent to return applicant’s entitlement to annual leave. |
| Result | Application granted ; Orders made; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_146.pdf [pdf 165 KB] |