| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 60 |
| Hearing date | 26 Feb 2013 |
| Determination date | 28 May 2013 |
| Member | T MacKinnon |
| Representation | V d'Or, D Maniapoto ; B Buckett |
| Parties | Simpson v The New Zealand Family & Foster Care Federation Inc o/a Fostering Kids |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension – Alleged discrimination and racial harassment towards applicant – Warning for displays of anger – Inappropriate comments towards co-worker – Applicant’s wife sent critical letter to respondent – Applicant suspended pending investigation of letter – Team Leader |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Authority ordered non-publication of personal information relating to respondent’s clients. Applicant given no opportunity to comment on suspension. Not reasonable for respondent to suspend applicant on suspicion over author of letter. Respondent failed to follow fair process. REMEDIES: No contributory conduct. $3,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc. ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – ERA s103A(3)(a) - ERA s114 - ERA Second Schedule cl10 |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd [2005] ERNZ 587;Simpson v Fostering Kids (New Zealand Family & Foster Care Federation) [2013] NZERA Wellington 5;Tawhiwhirangi v A-G in respect of Chief Executive, Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_60.pdf [pdf 258 KB] |