| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 142/05 |
| Hearing date | 8 Jun 2005 |
| Determination date | 31 August 2005 |
| Member | P R Stapp |
| Representation | D Patten ; K Sagaga |
| Location | Wellington |
| Parties | Lakhan v Eurest New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Respondent proposed to introduce new food concept to cafeteria in which applicant was cook - Respondent concerned about applicant's literacy skills and whether she would be able to perform new tasks concept required - Meetings about literacy skills - Respondent concluded that in interests of both parties applicant should be transferred to another site - After transfer applicant's tasks involved more cleaning that cooking - Slipped on ice in freezer and hurt knee - Did not return to work - Respondent failed to act as fair and reasonable employer by deciding to transfer applicant without proper consultation and representation - However respondent permitted by employment agreement to transfer staff from location to location - Applicant's duties changed but were consistent with job description - Applicant gave no notice of any problems she had that could have impacted on health and safety when she started at new site - No causal link between accident at new site and respondent's actions - No personal grievance because applicant not disadvantaged - Cook |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | wa 142_05.pdf [pdf 36 KB] |