| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 65 |
| Hearing date | 26-27 Mar 2014 |
| Determination date | 23 June 2014 |
| Member | T MacKinnon |
| Representation | J Murphy ; K Coley |
| Location | Palmerston North |
| Parties | Hunter v Te Ao Marama Kohanga Reo |
| Summary | DISCRIMINATION - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed discriminated against on grounds of psychiatric illness - Applicant claimed unjustifiably disadvantaged by respondent's disclosure of applicant's hospitalisation, reduction in hours and suspension - Applicant claimed unjustifiably dismissed by respondent - Complaints about demeanour of applicant and concerns over child safety after applicant's return from sick leave - Respondent asked for applicant's resignation - GOOD FAITH - Applicant claimed multiple breaches of good faith by respondent - Kohanga Supervisor |
| Abstract | AUTHORITY FOUND -;DISCRIMINATION - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Disclose of information relating to hospitalisation attributable to whanau parent not respondent. Applicant had full medical clearance to work. Suspension unlawful. Applicant unjustifiably disadvantaged by suspension. Applicant not consulted over reduction in hours. Unilateral decision. Applicant disadvantaged by unilateral reduction in hours but respondent remedied underpayment and mitigated disadvantage suffered. No rational basis for excluding applicant from workplace. Treatment of applicant stemmed from ignorance about, and prejudice towards, mental illness. Applicant discriminated against on grounds of psychiatric illness. Respondent not malicious but actions led applicant to lose trust and confidence in respondent. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,213 reimbursement of lost wages. $7,000 compensation appropriate.;GOOD FAITH: No breach of good faith. |
| Result | Applications partially granted; Reimbursement of lost wages ($9,213.75); Compensation for humiliation etc ($7,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(5);ERA s104;ERA s105;ERA s174(b);Human Rights Act 1993;Human Rights Act 1993 s21(1);Human Rights Act 1993 s29;Human Rights Act 1993 s29(1)(b) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;Graham v Airways Corp of New Zealand Ltd [2005] ERNZ 587 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Wellington_65.pdf [pdf 301 KB] |