| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 30 |
| Hearing date | 13 Feb 2014 |
| Determination date | 20 February 2014 |
| Member | M B Loftus |
| Representation | S McKenzie ; R Webster |
| Location | Invercargill |
| Parties | Elfeil v South Pacific Meats Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Whether applicant appointed to specific position of halal slaughterman or appointed to department and able to be deployed as needs dictated – Applicant moved from nightshift to dayshift – Employee replaced by applicant on dayshift successful in challenging respondent’s actions in Employment Court (“EC”) – Respondent believed EC judgment meant other employee had to be reinstated to dayshift – Applicant not offered position as dayshift halal slaughterman and offered choice of doing other tasks or waiting for halal work to become available on nightshift |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Matter decided already by EC judgment. Applicant employed as halal slaughterman. Applicant disadvantaged by significant reduction in earning capacity as result of applicant’s replacement by other employee. Applicant did not abandon employment. Applicant unjustifiably disadvantaged. REMEDIES: No contributory conduct. Respondent to pay applicant $9,395 reimbursement of lost wages. $4,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($9,395.21) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s137 |
| Cases Cited | Allen v Transpacific Group Ltd (t/as Medismart Ltd) (2009) 6 NZELR 530;Mohammed v South Pacific Meats Ltd [2011] NZERA Christchurch 164;South Pacific Meats Ltd v Mohammed (2012) 10 NZELR 52 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Christchurch_30.pdf [pdf 165 KB] |