| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/01 |
| Determination date | 02 April 2001 |
| Member | R A Monaghan |
| Representation | Bureta In person ; No appearance |
| Location | Auckland |
| Parties | Bureta v Iqbal |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Parental leave - Whether obligation to keep position open while having child - Position redundant while on maternity leave - New position offered but no job description or agreement given - Mediated settlement - Respondent's cheque dishonoured - Approached as if no settlement reached - No obligation to keep job open - Entitlement to fair treatment while on parental leave - New position non existent - Sufficient unfairness to render termination unjustified - Arrears of holiday pay due and owing - Receptionist |
| Result | Application granted ; Arrears of holiday pay ($1,036.80) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($70) |
| Statutes | Parental Leave and Employment Protection Act 1987 s9(2);Parental Leave and Employment Protection Act 1987 s13(2);Parental Leave and Employment Protection Act 1987 s41 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |