| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 242/10 |
| Hearing date | 20 Aug 2009 - 16 Mar 2010 (2 days) |
| Determination date | 24 May 2010 |
| Member | L Robinson |
| Representation | P Farry ; R Dykman |
| Location | Auckland |
| Parties | Parlane v Ron Dykman Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant informed respondent was pregnant – Applicant expected to work until one month before expected delivery date when became eligible for paid parental leave – Applicant agreed with foreman that would not perform heavy lifting or chemical spraying – Respondent told applicant having difficulty finding applicant light work – Applicant claimed told by respondent to consider resigning because condition causing problems – Respondent called applicant to meeting and gave letter stating applicant redundant effective immediately – Authority found redundancy decision not subsequently withdrawn by respondent – Authority rejected respondent’s argument that discussed potential redundancy with applicant – Found applicant not dismissed because of genuine redundancy – Found applicant dismissed because respondent considered applicant inconvenient when could not perform full duties because of pregnancy – Found redundancy not genuine or carried out fairly and sensitively – Dismissal unjustified – Remedies – Found no contributory conduct – Applicant awarded $10,080 reimbursement of lost wages – Found applicant entitled to $5,703 as lost future benefit of paid parental leave – Found applicant suffered aggravated anxiety as result of respondent’s conduct – $3,500 compensation appropriate – Landscape Gardner |
| Result | Application granted ; Reimbursement of lost wages ($10,080.00) ; Loss of future benefit ($5,703.22) (Paid parental leave) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s4(1A)(c);ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | aa 242_10.pdf [pdf 23 KB] |