| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 360 |
| Hearing date | 12-Nov-15 |
| Determination date | 19 November 2015 |
| Member | Eleanor Robinson |
| Representation | E Hartdegan ; J Cox |
| Location | Auckland |
| Parties | Peterson v John Andrew Reginald Cox t/a Blomkamp Cox Solicitors |
| Summary | UNJUSTIFIED DISMISSAL – DISCRIMINATION – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed respondent discriminated against applicant due to applicant’s pregnancy – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith in dismissal - Legal secretary |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – DISCRIMINATION: Respondent engaged another employee performing same duties as applicant. Fair and reasonable employer would have discussed possibility of part-time work with applicant before making her redundant. Applicant had on-going work to do even though solicitor absent. Respondent failed to follow proper procedure in dismissing applicant. Dismissal unjustified. No evidence that dismissal motivated by applicant’s pregnancy. No discrimination. REMEDIES: No contributory conduct. $6,432 compensation for loss of benefit of paid parental leave appropriate. $10,000 compensation for humiliation etc. appropriate.;PENALTY – GOOD FAITH: Breach connected to unjustified dismissal, for which remedies already awarded. No penalty. |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc. ($10,000) ; Compensation for loss of benefit ($6,432.48) ; Applications dismissed (discrimination)(penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s124;Parental Leave and Employment Protection Act 1987 s1A;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s71M |
| Cases Cited | Allen v TransPacific Industries Group Ltd (t/a Media Smart Ltd) (2009) 6 NZELR 530 (EmpC);Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_360.pdf [pdf 214 KB] |