| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 92/03 |
| Hearing date | 24 Feb 2003 |
| Determination date | 07 April 2003 |
| Member | R A Monaghan |
| Representation | A Paterson ; M Kamphorst |
| Location | Auckland |
| Parties | Duvenhage v Prosthetic Processes (Auckland) Ltd |
| Summary | DISCRIMINATION - Whether discrimination on basis of gender - Male co-worker received higher salary - Co-worker headhunted - Intended to move into management position - No unlawful discrimination on basis of sex - UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Letter alleged personal grievance and stated desire to look for alternative work - Letter did not amount to notice of termination - Sent home same day and did not return - Concerns in letter not addressed - Applicant dismissed - Dismissal unjustified - Remedies - Allegations in letter went beyond matters in support of personal grievance - Gratuitous insults - Contributory conduct - PENALTY - No written employment agreement - Penalty appropriate |
| Result | Application dismissed (Discrimination) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($7,000) ; Compensation for humiliation etc ($5,000) ; Penalty ($100)(Crown) ; Costs reserved |
| Statutes | ECA s37;ERA s64(3);ERA s65;ERA s104(1)(a);ERA s119;ERA s121;Equal Pay Act 1972 s2A(1) |
| Cases Cited | Burns v Chief Executive of the Inland Revenue Department [2001] 1 ERNZ 753 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |