| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 12/08 |
| Hearing date | 20 Sep 2007 |
| Determination date | 29 January 2008 |
| Member | J Crichton |
| Representation | P Chemis ; D Erickson |
| Location | Wellington |
| Parties | Robbins v Telstraclear Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – PARENTAL LEAVE - Alleged unjustifiably disadvantaged when respondent failed to consult her about restructuring, failed to provide her with sufficient work, failed to declare her position redundant, and required her to pay back part of lump sum parental leave payment – While on parental leave respondent restructured – Respondent argued no obligation to consult applicant as considered she was not affected by restructure - Applicant adversely affected by restructure – Fair and reasonable employer would have consulted applicant – Respondent also failed to provide applicant with appropriate quantity of work - Unjustified disadvantage – Applicant’s request respondent consider disestablishing position reasonable and proper – Quick dismissal of suggestion did respondent little credit, but decision available to employer – Authority loathe to interfere in decision by impliedly determining applicant’s position surplus to requirements – Clear respondent had discretion to insist on repayment of parental leave payment – Applicant aware of parental leave policy but considered by seeking repayment respondent putting “the boot in” – No evidence discretion exercised in improper way – No unjustified disadvantage – Remedies – No award of lost wages as employment did not come to end as consequence of employer’s actions – Global compensation award appropriate – Project manager |
| Result | Application granted in part ; Compensation for humiliation $7,500 ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Christchurch Golf Club Inc v Wood unreported, Shaw J, 22 September 1999, CC 28/99 |
| Number of Pages | 10 |
| PDF File Link: | wa 12_08.pdf [pdf 45 KB] |