| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 20/05 |
| Hearing date | 1 Sep 2004 - 19 Nov 2004 (3 days) |
| Determination date | 17 February 2005 |
| Member | H Doyle |
| Representation | S Zindel, M Moorhead ; AG Stallard |
| Location | Christchurch |
| Parties | Danielsen v Amaltal Fishing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Prior to 6-7 week fishing trip applicant informed Captain of vessel she was 8 weeks pregnant - Letter from midwife confirmed safe for applicant to go on trip - Policy of general manager that pregnant employees could not go to sea for safety reasons - Vessel manager told applicant that respondent would prefer applicant did not sail - Dispute over what occurred at meeting - Authority satisfied that applicant not told respondent could not prevent her going on trip - Authority satisfied that applicant did not say she resigned but said would not sail - Told that respondent did not have maternity leave - Applicant did not resign - By maintaining its position that applicant had resigned respondent dismissed applicant - Dismissal unjustified - Respondent had obligation to discuss and consider alternatives to sailing such as parental leave or onshore employment - Remedies - Pregnancy could not amount to contributory conduct - PERSONAL GRIEVANCE - Given finding of unjustified dismissal Authority not required to consider personal grievance based on discrimination - Evidence not capable of supporting a finding that Authority had jurisdiction to consider claim under Fair Trading Act 1987 in respect of respondent's comment that it did not have maternity leave - PARENTAL LEAVE - Authority not required to consider parental leave complaint - Parental leave complaint likely to have been outside time limit - PENALTY - No relevant penalty under parental leave legislation - If penalty claim was for breach of employment agreement then out of time - Galley assistant on fishing vessel |
| Result | Application granted ; Reimbursement of lost wages (13 weeks)($11,558) ; Compensation for humiliation, etc ($7,000) ; Costs reserved |
| Statutes | ERA s104;ERA s105;ERA s128(2);ERA s128(3);ERA s133;Fair Trading Act 1986 s9;Parental Leave and Employment Protection Act 1987 s49;Parental Leave and Employment Protection Act 1987 s56(2);Parental Leave and Employment Protection Act 1987 s71 |
| Number of Pages | 9 |
| PDF File Link: | ca 20_05.pdf [pdf 41 KB] |