| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 53 |
| Hearing date | 27 & 28 jan 2016 (2 days) |
| Determination date | 09 May 2016 |
| Member | Trish MacKinnon |
| Representation | S Rashid , D Oliver ; D Robb |
| Location | Hastings |
| Parties | Ferguson v Presbyterian Support East Coast |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Social worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Applicant’s sending home constituted suspension. Respondent’s process lacked fairness. Applicant denied opportunity to address concerns. Respondent managed competency issue satisfactorily. Respondent’s comment about applicant’s fatigued appearance not malicious. Respondent did not give undertaking about offering role to applicant. Respondent deducted pay from applicant’s sick leave entitlement. Applicant unjustifiably disadvantaged by suspension without consultation and deductions from sick leave entitlement. REMEDIES: No contributory conduct. $2,500 compensation for humiliation etc appropriate. Restoration of sick leave entitlement ordered. |
| Result | Application granted ; Compensation for humiliation etc ($2,500) ; Orders made ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(c)(i);ERA s124 |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd [2005] ERNZ 587 (EmpC) |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Wellington_53.pdf [pdf 186 KB] |