| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 88/08 |
| Hearing date | 19 Jun 2008 |
| Determination date | 27 June 2008 |
| Member | P R Stapp |
| Representation | A Cressey ; G Dewar |
| Location | Wellington |
| Parties | Wilson v Beare Haven Investments Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent unjustifiably employed another worker in her position while recovering from surgery and refused to reinstate her once cleared to return to work - Applicant returned part time on light duties - Co-worker appointed to applicant’s original position after temporary replacement left - Applicant later cleared for full duties but not reinstated - Re-appointed to original position when co-worker moved on - Upon clearance to return to work applicant had reasonable expectation of returning to original role - Filling position without further communication unjustified - Failure to obtain medical details and definitive indication of likely date for clearance also unjustified - Respondent had obligation to provide full time work - Gap between time of medical clearance and ACC ceasing before alternative full time hours arranged - Applicant disadvantaged as instead of full time role received vouchers from respondent, and used holiday pay and worked three positions to make up hours - Provision of alternative work and hours partial mitigation - While possibility of someone else being appointed to role raised earlier, lapse of time meant fair and reasonable employer would have raised it again and not assumed applicant would have known change to occur, especially where it had agreed to rehabilitation plan that envisaged full time return to work - Unjustified disadvantage - Remedies - Parties reached agreement on issue of lost wages and value of food vouchers provided to applicant - Assistant delicatessen manager |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | wa 88_08.pdf [pdf 37 KB] |