| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 10/08 |
| Hearing date | 13 Dec 2007 |
| Determination date | 25 January 2008 |
| Member | G J Wood |
| Representation | A Millar ; S Hornsby-Geluk |
| Location | Palmerston North |
| Parties | Bentley v Land Transport New Zealand |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed warning for excessive use of sick leave unjustified - Entitled to nine days paid sick leave per year under collective employment agreement (“CEA”) - Policy relating to use of sick leave included process to monitor use and deal with suspected abuse or long term absence - Throughout employment applicant took more sick leave than annual paid entitlement - Respondent accepted she had genuine reasons for great use of sick leave - Policy only provided for disciplinary meetings for alleged misuse of sick leave - Applicant not accused of this - No misconduct alleged by respondent to justify warning - Applicant’s use of sick leave not at level to justify warning - Context also included provision in CEA for unpaid sick leave in excess of paid entitlement - Respondent applied sick leave policy mechanistically and individual circumstances not taken into account - Also, applicant’s reasons for use of excess sick leave such that no fair and reasonable employer would have disciplined her for abuse or misuse of sick leave - Unjustified disadvantage - Remedies - Applicant discouraged from taking leave needed to support her family, which included foster children - Also meant did not take leave when sick herself, which potentially exposed other workers to harm - Insufficient evidence to conclude warning caused her to miss out on promotion - Customer service representative |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Cooper v Mars New Zealand Ltd t/a Mars Pet Care unreported, D Asher, 6 December 2007, WA 163/07;Lang v Eagle Airways Ltd [1996] 1 ERNZ 574 |
| Number of Pages | 9 |
| PDF File Link: | wa 10_08.pdf [pdf 45 KB] |