| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 135/08 |
| Hearing date | 23 Sep 2008 |
| Determination date | 02 October 2008 |
| Member | P R Stapp |
| Representation | P Bartlett ; E Brown |
| Location | Napier |
| Parties | Seaboryne v Hawkes Bay District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Restructuring took place involving new rosters and changes being made to positions - Issues around applicant’s employment involved mediated settlement being reached where agreed applicant would be located in role of registrar emergency department and would have equalisation allowance for two years under settlement to transfer to registrar's scale - Parties now in dispute as to what settlement meant - Applicant accepted rotation as medical registrar with medicine; following that scheduled for rotation in emergency department - Applicant became pregnant – Applicant agreed to work in Acute Assessment Unit for one week and to work suitable hours temporarily in emergency department for two weeks following that and before commencing leave – Arrangement not part of standard roster - Applicant claimed arrangement cancelled rotation arrangement to work as registrar in medicine - Applicant claimed employed as registrar in emergency department and entitled to remain in position for two years, but respondent would not take her back in that position after came back from parental leave – Respondent claimed had kept registrar’s position open for applicant in medicine and was offer to return to emergency department next year as part of normal on going rotation - Issue whether applicant appointed to position of registrar emergency department in discrete and permanent role for two years and what position applicant held when took parental leave - Authority found applicant’s position was medical registrar when commenced parental leave – Found applicant had not commenced rotation in emergency department before commencing leave - Found applicant signed acceptance at time on understanding settlement was 'income protection' agreement - Found applicant accepted offer that provided for position of medical registrar followed by position emergency registrar – Authority concluded applicant had parental leave complaint – Found respondent had responsibility to keep open position of Registrar in emergency department, which had been offered by respondent and accepted by applicant – Found given was no agreed variation to planned runs, Authority held that applicant could reasonably expect to return to registrar in emergency department role for remaining period from date of return from parental leave until end of year – Found no evidence of any agreement for period of the run to be 2 years as applicant claimed - Applicant to be reinstated to position as registrar in emergency department that respondent required to keep open for her upon return from parental leave - Found no requirement under Parental Leave and Employment Protection Act 1987 to determine practicability of reinstatement, as under Employment Relations Act 2000 - Found respondent’s responsibility to keep applicant’s position open was clear, despite any confusion over applicant’s return to work – Found applicant should not be punished for any administrative oversight where respondent completed arrangements for academic year without including her, or any confusion over what applicant might have wanted on returning, or where respondent made decision to keep open registrar medicine position - Authority accepted respondent’s decisions had been some impact on applicant - Respondent to pay applicant $4,000 compensation - Registrar/Provisional trainee |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Parental Leave and Employment Protection Act 1987 |
| Number of Pages | 8 |
| PDF File Link: | wa 135_08.pdf [pdf 35 KB] |