| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 392 |
| Hearing date | 10-Oct-16 |
| Determination date | 30 November 2016 |
| Member | J Crichton |
| Representation | S Austin ; L Brown |
| Location | Gisborne |
| Parties | Hay v Gisborne District Council |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to allow her to return to work earlier – Customer Service Officer |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE: Respondent behaved entirely properly in persisting with requests for further and better medical evidence to support applicant’s desire to return to duties. Once that material was gathered, respondent engaged collaboratively with applicant’s representative to ensure speedy return. Respondent should have communicated more formally with applicant about information from doctors but still communicated fully and completely with applicant. No unjustified disadvantage. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Health and Safety in Employment Act 1992 s4 |
| Cases Cited | Attorney-General v Gilbert [2002] 2 NZLR 342 (CA) ; Hay v Gisborne District Council [2016] NZERA Auckland 12 |
| Number of Pages | 19 |
| PDF File Link: | 2016_NZERA_Auckland_392.pdf [pdf 207 KB] |