| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 337/03 |
| Hearing date | 26 Jun 2003 - 27 Jun 2003 (2 days) |
| Determination date | 10 November 2003 |
| Member | Y S Oldfield |
| Representation | R Alchin ; J Watson |
| Location | Auckland |
| Parties | Greene v Lewis |
| Summary | PARENTAL LEAVE - Breach of Parental Leave and Employment Protection Act 1987 - Redundancy - Twelve months parental leave - Planned that respondent and another employee would take over workload - Reconsideration of staffing levels - Informed of redundancy three days before due to return from leave - Redundancy defence in s51 PLEPA available if circumstances giving rise to redundancy occurred after notice of approval for parental leave - Realisation practice could operate satisfactorily with one fewer employee not enough to overcome need for circumstances of redundancy to have arisen after leave taken - Breach - Remedies - Prospects of on-going employment not good - Three months' wages appropriate - Compensation for distress arising out of process - UNJUSTIFIED DISMISSAL - Redundancy - If not for breach of PLEPA termination substantively justified - Inadequate consultation and notice - Procedurally unjustified - Would have amounted to personal grievance - Legal Executive |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation ($7,000) ; Costs reserved |
| Statutes | Parental Leave and Employment Protection Act 1987 s41;Parental Leave and Employment Protection Act 1987 s41(1)(a);Parental Leave and Employment Protection Act 1987 s49;Parental Leave and Employment Protection Act 1987 s51;Parental Leave and Employment Protection Act 1987 s56;Parental Leave and Employment Protection Act 1987 s56(4) |
| Cases Cited | Auckland Provincial District Local Authorities Officers' IUOW v Waikato District Council [1990] NZILR 871 ; (1991) 6 NZELC 95, 267;Denley v Service Workers' Union of Aotearoa Inc [1994] 1 ERNZ 863;FINSEC v National Mutual Life Assn of Australasia Ltd [1990] 3 NZILR 29 ; (1990) ERNZ Sel Cas 862 |
| Number of Pages | 15 |
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