| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 95 |
| Hearing date | 20 Aug 2014 |
| Determination date | 06 October 2014 |
| Member | P R Stapp |
| Representation | T Kennedy ; G Service |
| Location | Wellington |
| Parties | Martin v Wellington City Transport Ltd t/a Go Wellington"" |
| Summary | UNJUSTIFIED DISADVANTAGE - GOOD FAITH - HEALTH AND SAFETY - Applicant claimed unjustifiably disadvantaged by respondent's breach of good faith and failure to take all reasonably practicable steps to secure applicant's safety - Complaints about drivers seat and head rest causing discomfort - Applicant placed on alternative duties - Respondent arranged assessments -Bus driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - GOOD FAITH - HEALTH AND SAFETY: Headrests removed prior to Authority investigation. Respondent took reasonable steps to address complaint over time. Failure by respondent to pursue removal of headrest sooner not best practice but omission not wilful or deliberate. Employment agreement permitted alternative duties. Applicant placed on alternative duties for own health and safety. No unjustified disadvantage. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s131 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Wellington_95.pdf [pdf 176 KB] |