Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 151/05
Hearing date 8 Sep 2005
Determination date 13 September 2005
Member D Asher
Representation F Collins ; M French
Location Wellington
Parties Wright v Resene Paints Ltd
Summary PARENTAL LEAVE - UNJUSTIFIED DISMISSAL - Redundancy - Alleged unjustified dismissal during absence from work on parental leave - Applicant accepted her role disappeared through genuine restructuring - Claimed she had not been properly considered for other roles - Respondent held meeting to hear applicant's views on proposed disestablishment - Identified possible vacancies for applicant - Understood that applicant rejected two jobs identified - Gave formal notice of redundancy - Applicant alleged respondent failed to provide sufficient information on two positions about to become vacant - Alleged breached promise that similar or like position would be made available to applicant following return from parental leave - Respondent's account of meeting preferred - No evidence of sustained and hostile campaign by respondent to be rid of applicant - Applicant did not explain why she did not correct respondent's alleged error that she had refused positions offered - Head office administrator/personal assistant
Result Application dismissed ; Costs reserved
Statutes Parental Leave and Employment Protection Act 1987
Number of Pages 10
PDF File Link: wa 151_05.pdf [pdf 42 KB]