| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 56/04 |
| Hearing date | 9 Feb 2004 |
| Determination date | 17 February 2004 |
| Member | L Robinson |
| Representation | K Stretton ; P Lewis |
| Location | Auckland |
| Parties | Batchelar v Concrete Structures Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant offered and accepted position but offer later withdrawn - Respondent did not believe applicant could meet demands of position because had young children - Applicant person intending to work - Applicant dismissed when respondent purported to withdraw offer - No justification for dismissal - Respondent alleged felt by employing applicant was taking a mother away from children - Discrimination on grounds of family status - Applicant resigned from previous position but continued working in previous position after respondent denied her new position - Position with respondent would have been on higher salary - Remedies - Entitled to reimbursement of lost wages being difference between current salary and what would have earned working for respondent - Potential additional child care costs if had worked for respondent not relevant in determining lost remuneration |
| Result | Application granted ; Reimbursement of lost wages ($2,760)(12 weeks) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Statutes | ERA s6(1);ERA s6(1)(b);ERA s104;ERA s112;Human Rights Act s21(10(l) |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Wellington Drivers' Union v Fletcher Construction Co Ltd [1983] ACJ 653 |
| Number of Pages | 7 |
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