| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 208 |
| Hearing date | 27 Aug 2013 |
| Determination date | 07 October 2013 |
| Member | M B Loftus |
| Representation | G Burness ; C McDowall |
| Location | Christchurch |
| Parties | Wale v Allied Investments Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Discrimination – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by sexual discrimination and respondent communicating through supervisor – Applicant claimed unjustifiably dismissed by respondent – Whether applicant informed females did not belong in security industry – Supervisor applicant’s domestic partner – Operational instructions and pay slips sent to supervisor – Respondent altered roster following staff changes – Applicant raised concerns with new rosters due to full-time study commitments and lack of family time – Possibility of part-time work raised – Respondent requested applicant advise of preferences – Security officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Negligible evidence in support of discrimination claim. Serious doubts about veracity of claim. Sending operational instructions to supervisor normal operating procedure. Pay slip issue remedied. No evidence applicant sent numerous requests relating to pay slip issue. No unjustified disadvantage. Respondent failed to provide applicant relevant information and opportunity to comment before decision made. Part time option not pursued. Applicant sought to dictate availability. Applicant failed to act in good faith. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $769 reimbursement of lost wages. $800 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (20%) ; Reimbursement of lost wages ($769.60) ; Compensation for humiliation etc ($800) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(1A)(c);ERA s103A;ERA s103A(5);ERA s124;ERA s128(2) |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd (No 2) (2011) 9 NZELC 93,655 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_208.pdf [pdf 173 KB] |