| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/05 |
| Hearing date | 25 Nov 2004 |
| Determination date | 28 January 2005 |
| Member | J Scott |
| Representation | P Pa'u ; L Campbell |
| Location | Auckland |
| Parties | Blaker v Mainfreight Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant alleged unjustifiably dismissed during period of approved maternity leave – Had been agreed applicant might return to work in different role - Alleged dismissed during phone conversation after asked what job would be doing when returned to work – Respondent said was quiet at that time but was a night job in manifesting available – Respondent alleged thought applicant sought to return to work early – Explanation of respondent dismissed by Authority - Applicant did not formally allege pursuant to s56 of the Parental Leave and Employment Protection Act that the respondent terminated employment in contravention of s49(1) – Treated as personal grievance under Employment Relations Act 2000 – Credibility finding in favour of applicant – On balance of probabilities applicant dismissed – Remedies - Compensation $10,000 plus lost remuneration for 13 months - Dispatcher |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Reimbursement of lost wages (13 months) ; Costs reserved |
| Statutes | Parental Leave and Employment Protection Act 1987 s49(1);Parental Leave and Employment Protection Act 1987 s56 |
| Cases Cited | Denley v Service Workers' Union of Aotearoa Inc [1994] 1 ERNZ 863 |
| Number of Pages | 7 |
| PDF File Link: | aa 27_05.pdf [pdf 37 KB] |