| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 123/07 |
| Hearing date | 29 Aug 2007 |
| Determination date | 30 August 2007 |
| Member | D Asher |
| Representation | D Patten ; no appearance |
| Location | Wellington |
| Parties | Shell v Ohibro Ltd (formerly called Gandalf Group Ltd) |
| Summary | DISCRIMINATION – UNJUSTIFIED DISADVANTAGE - No appearance for respondent – Applicant’s unchallenged evidence accepted - Applicant alleged discriminated against on grounds of family status – One month after returned from parental leave, forced to accept different and less satisfactory part-time position – Without prior warning, applicant called into meeting and handed redundancy letter - Authority satisfied director’s attitude changed markedly for worse when returned from parental leave – Because of family status, position unilaterally changed and employment terminated on grounds of claimed redundancy – Respondent’s actions not fair and reasonable in circumstances - Discrimination established – Unjustified disadvantage - UNJUSTIFIED DISMISSAL – Following dismissal, applicant saw vacancy at respondent advertised - No consultation or exploration of alternatives to redundancy, including advertised vacancy – No evidence redundancy genuine - Termination procedure grossly unfair – Respondent also breached good faith, particularly s4(1A) Employment Relations Act 2000 obligations – Dismissal unjustified - Remedies – Discrimination and callous actions caused significant distress – Actions took no account of applicant’s vulnerability, or financial contribution to her family – Global award of compensation for humiliation etc appropriate - COSTS - Applicant awarded $1,974.25 in costs and disbursements - Receptionist |
| Result | Applications granted ; Reimbursement of lost wages ($1,250 nett) ; Compensation for humiliation etc ($15,000) ; Costs in favour of applicant ($1,974.25) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s105(1)(l);Parental Leave and Employment Protection Act 1987 |
| Number of Pages | 7 |
| PDF File Link: | wa 123_07.pdf [pdf 24 KB] |