| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28/02 |
| Determination date | 14 February 2002 |
| Member | WRC Gardiner |
| Representation | A Simperingham ; D Sharp |
| Location | Gisborne |
| Parties | Harris v Benchmark Building Supplies Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Returned from maternity leave - Alleged former position was no longer available - Required to take on different and less satisfactory position - Whether had option of resuming old position - Some aspects of employment did not change - Denied old duties despite undertaking that would return to old position - No steps taken to reintegrate applicant into workplace - Reduction in status - Unjustified disadvantage claim made out - UNJUSTIFIED DISMISSAL - Conflict of interest - Partner employed with competitor - Previous reassurance job was secure - Whether partner's position with competitor changed - Access to confidential information - Company policy - Complex issues - Entitled to have more than neutral witness at meeting - Fair and reasonable employer would have suggested obtaining advice or representation - No opportunity to put case to decision-maker - No consideration of alternatives to dismissal - No investigation into change in partner's duties - No evidence of greater commercial risk than previously - Dismissal was unjustified - No evidence dismissal was disguised redundancy - REMEDIES - Interest on lost remuneration award - ERA Second Schedule cl11 - Award for interest available under new legislation - Not restricted to arrears claims - Claim met in overall award for compensation for humiliation - Office supervisor |
| Result | Application granted ; Reimbursement of lost wages ($4,051.96) ; Interest (Quantum included in compensation award) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Statutes | ECA s48;ECA s49;ERA s124;ERA Second Schedule cl11 |
| Cases Cited | Petkovden Company Ltd v Pepperell unreported, Goddard CJ, 11 December 1998, WC 85/98 |
| Number of Pages | 14 |
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