| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 94 |
| Hearing date | 24 Jul 2014 |
| Determination date | 25 September 2014 |
| Member | T MacKinnon |
| Representation | W Ashworth ; G Ballara |
| Location | Wanganui |
| Parties | Ashworth v Spotless Facility Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by suspension and respondent's failure to investigate complaint of harassment about fellow employee properly - Applicant presented medical certificate stating applicant only fit for light duties - Applicant required to return to doctor to clarify duties applicant able to perform - ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant entitled to payment for hours worked on particular day before being asked to obtain medical clarification of duties applicant able to perform - Supervisor |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Manager's approaches to applicant did not constitute harassment. Manager took advice on appropriate action in light of respondent's health and safety obligations. Respondent made reasonable request for applicant to clarify with doctor duties applicant able to perform. Applicant responded to request inappropriately and left workplace on own initiative. Applicant not suspended. Respondent investigated applicant's complaint promptly and interviewed relevant people. Respondent reported outcome to applicant and responded to further query in reasonable manner. No unjustified disadvantage.;ARREARS OF WAGES: Applicant paid sick leave during particular day. Respondent's treatment of time as sick leave reasonable and pragmatic in circumstances where applicant unwilling to provide medical clarification. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |