| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 146/07 |
| Hearing date | 6 Sep 2007 |
| Determination date | 30 October 2007 |
| Member | P R Stapp |
| Representation | G Ogilvie ; D Broadmore |
| Location | Wellington |
| Parties | Griffiths v New Zealand Post Ltd |
| Summary | UNJUSTIFED DISADVANTAGE – Discrimination - Applicant diagnosed with medical conditions brought on by wearing helmet at work – Parties discussed options in regard to contractual obligation to wear helmet – Applicant received certificate of exemption from requirement to wear cycle helmet from Land Transport Safety Authority and in 1994 respondent agreed to let him work without helmet – In 2006 respondent revisited issue and decided letting applicant cycle without helmet unacceptable risk – Other delivery options discussed and trial walking round proposed – After trial applicant not permitted to return to cycle round without helmet – Applicant sought to be reinstated to cycling round – Alleged unjustifiably disadvantaged and discrimination - Although applicant had helmet exemption it did not prevent respondent exercising discretion about health and safety under collective employment agreement – Respondent acted as fair and reasonable employer – Provided options to try and meet applicant’s circumstances – Although permitted him to ride without helmet he was on notice decision subject to review – Respondent entitled to act cautiously to protect itself in regard to health and safety obligations and ACC provider status - Although process not ideal, respondent did not deliberately put applicant on walking delivery by masquerading it as trial – No evidence to support discrimination claim – No unjustified disadvantage – No grounds for compliance order - Postie |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | wa 146_07.pdf [pdf 40 KB] |