| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 274/06 |
| Hearing date | 27 Jul 2006 |
| Determination date | 28 August 2006 |
| Member | M Urlich |
| Representation | D Fleming ; G Taylor |
| Location | Auckland |
| Parties | Tokona v Bridgeman Concrete Auckland Ltd |
| Summary | PARENTAL LEAVE – Applicant alleged respondent lacked reasonable justification to direct maternity leave commencement date when she became unable to continue regular duties as alternative work available – Assessment required inquiry into availability of suitable alternative duties and reasonableness of process used by employer to reach decision to exercise powers conferred by s14 Parental Leave and Employment Protection Act 1987 – Applicant performed one week of alternative duties but Authority not satisfied suitable alternative duties existed – Plant Manger (PM") decided no justification for keeping applicant on and presented her with parental leave form with early start date – Applicant submitted form next day because thought had to – Applicant had planned to continue working for another five weeks – Applicant later spoke with union organiser and they unsuccessfully met with PM to consider if suitable alternative duties available – Respondent had not discussed alternative work trial with applicant or its concerns that work unsustainable – Applicant did not have opportunity to put forward ideas, raise her understanding that alternative duties would be made available, or seek advice prior to being advised of PM’s decision – First meeting was not consultation as its purpose was to advise applicant of decision – Second meeting did not remedy failure to consult as parental leave had commenced – Failure to consult applicant before decision made was serious departure from conduct reasonably expected of fair employer – Respondent unable to reasonably justify exercise of s14 Parental Leave and Employment Protection Act 1987 - Remedies - Referred back to parties to resolve - Concrete truck driver" |
| Result | Application granted ; Reimbursement for lost wages (quantum to be determined by parties) ; Costs reserved |
| Statutes | Parental Leave and Employment Protection Act 1987 s14;Parental Leave and Employment Protection Act 1987 s56(1)(d);Parental Leave and Employment Protection Act 1987 s65 |
| Cases Cited | Mikkelson v Sky Network Television Ltd unreported, Y Oldfield, 9 January 1998, HT 1/98;Horne v Air New Zealand Ltd unreported, WC Hodge, 28 March 2001 AT 34/01 |
| Number of Pages | 3 |
| PDF File Link: | aa 274_06.pdf [pdf 28 KB] |