| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 22 |
| Hearing date | 14-Jan-16 |
| Determination date | 20 January 2016 |
| Member | Eleanor Robinson |
| Representation | N Bolstad ; A Swan |
| Location | Hamilton |
| Parties | Wano v Opus International Consultants Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to offer fixed term parental leave positive after redundancy |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE: Respondent did not consider applicant suitable incumbent for position at issue, but had good faith duty to discuss situation and allow applicant to provide feedback. Applicant unjustifiably disadvantaged. REMEDIES: No contributory conduct. $3,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103(1)(b) ; ERA s124 |
| Cases Cited | Bilkey v Imagepac Partners EmpC Auckland AC65/02, 7 October 2000 ; Tranz Rail Ltd v Rail & Museum Transport Union (Inc) [1999] 1 ERNZ 460 (CA) ; Victoria University of Wellington v Haddon [1996] 2 NZLR 409 (CA) ; Wellington Area Health Board v Wellington Hotel IUOW [1992] 3 NZLR 658 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_22.pdf [pdf 201 KB] |