| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 9 |
| Hearing date | 22 Dec 2014 |
| Determination date | 02 February 2015 |
| Member | P R Stapp |
| Representation | D Gibson ; M Andrews |
| Location | Palmerston North |
| Parties | Sandbrook V Core Technology Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether applicant's unjustified dismissal grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent's refusal to acknowledge agreement for applicant to reduce working days on return from parental leave - Applicant claimed unjustifiably disadvantaged by arrangement for applicant to breastfeed behind screen - Computer programmer / software developer |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Unjustified dismissal grievance not raised within 90 days.;UNJUSTIFIED DISADVANTAGE: No promise made for applicant to work fewer days on return to work from parental leave. Unfair for respondent to reach conclusions without providing information gathered from other employees to applicant. Applicant's employment not affected to disadvantage by unfairness in investigation. Respondent investigated matter and made findings open to fair and reasonable employer. Complaint about breast feeding facilities mitigated by applicant's agreement to option put in place. Reasonable and practicable arrangement mutually entered into. No unjustified disadvantage. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s14;Parental Leave and Employment Protection Act 1987 s16;Parental Leave and Employment Protection Act 1987 s49(1);Parental Leave and Employment Protection Act 1987 s56;Parental Leave and Employment Protection Act 1987 s56(1)(a);Parental Leave and Employment Protection Act 1987 s56(1)(b);Parental Leave and Employment Protection Act 1987 s56(1)(c);Parental Leave and Employment Protection Act 1987 s56(1)(d);Parental Leave and Employment Protection Act 1987 s56(4);Privacy Act 1993 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_9.pdf [pdf 169 KB] |