| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 119 |
| Hearing date | 14 - 15 Sept 2015 (2 days) |
| Determination date | 09 December 2015 |
| Member | M B Loftus |
| Representation | H Richardson ; C McGuinness |
| Location | Palmerston North |
| Parties | Richardson v Bruce Anthony Stewart t/a Loughans |
| Summary | UNJUSTIFIED DISADVANTAGE – DISCRIMINATION - UNJUSTIFIED DISMISSAL –Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s requirement to be complicit in dismissal of colleague, refusal to sign applicant’s application for PPL and refusal to keep applicant’s position open – Applicant claimed discrimination on grounds of pregnancy – Applicant claimed unjustifiably dismissed by respondent - Legal secretary |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: No actual or constructive dismissal. No dismissal. Evidence suggested issue not big deal at time. Little evidence of discrimination. No discrimination. Applicant could have asked to be excused from accompanying respondent in dismissing colleague but did not. Applicant not unjustifiably disadvantaged by requirement to be complicit in dismissal of colleague . Applicant’s position not key one, so respondent required to keep position open. Respondent refused to sign form until applicant remedied errors and deprived applicant of PPL payments for some time. Applicant unjustifiably disadvantaged by refusal to keep applicant’s position open and refusal to sign applicant’s application for PPL. REMEDIES: Reinstatement reasonable and practicable but applicant to decide if reinstatement wanted. No contributory conduct. $10,000 compensation appropriate. |
| Result | Application partially granted (unjustified disadvantage) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (unjustified dismissal)(discrimination) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 ; Parental Leave and Employment Protection Act 1987 s32 ; Parental Leave and Employment Protection Act 1987 s41 ; Parental Leave and Employment Protection Act 1987 s41(1)(a) ; Human Rights Act 1993 s21(1)(a) |
| Cases Cited | Auckland Provincial District Local Authorities officers IUOW v Onehunga Borough Council [1989] 1 NZILR 476 (LC) ; Manukau City Council v Auckland Local Authorities Officers IUOW [1988] NZILR 747 (LC) |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Wellington_119.pdf [pdf 212 KB] |