| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 195 |
| Hearing date | 22-Oct-15 |
| Determination date | 22 December 2015 |
| Member | Christine Hickey |
| Representation | K Maclean ; D Curruthers |
| Location | Hokitika |
| Parties | Natalenko v Hogg and Anor |
| Summary | UNJUSTIFIED DISADVANTAGE – DISCRIMINATION - Applicant claimed unjustifiably disadvantaged by respondent’s denial of sick leave and parental leave and failure to proper required notice of termination of tenancy - Applicant claimed respondent discriminated against applicant due to applicant’s ethnical origins |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant failed to give proper notice of parental leave under Parental Leave and Employment Protection Act 1987, so respondents entitled to deny leave. Respondents refusal to cancel holiday and cover applicant while on leave not unreasonable or in breach of good faith. Respondent did not unreasonably deny sick leave when asked on short notice, and granted sick leave when told of applicant’s family circumstances. Employment agreement (“EA”) required respondent to give 14 days’ notice of termination of tenancy. Respondent did not do so. Respondent breached EA. Applicant failed to give required notice of termination of employment. Applicant breached EA. No unjustified disadvantage. No evidence that respondents subjected applicant to any detriment that any other employee would not be subjected to. No discrimination. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s104(1)(a);Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s17(c)(ii);Parental Leave and Employment Protection Act 1987 s19;Parental Leave and Employment Protection Act 1987 s21;Parental Leave and Employment Protection Act 1987 s22;Parental Leave and Employment Protection Act 1987 s31 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_195.pdf [pdf 213 KB] |