| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 465/10 |
| Hearing date | 6 Oct 2010 |
| Determination date | 29 October 2010 |
| Member | R Larmer |
| Representation | S Scott, A Singh ; R Gordon |
| Location | Hamilton |
| Parties | Shead v TJS Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent had share milking contract for family farm – No written employment agreement – P and O shareholders in respondent – Applicant worked closely with P on employment related issues – Applicant learned was pregnant and subsequently commenced parental leave – While on parental leave applicant gave Housing New Zealand form to O for respondent’s signature – O told applicant that respondent not employer because applicant had resigned – Applicant did not return from parental leave and raised personal grievance – Applicant claimed discussed parental leave with P, not resignation, and P brought up possibility of relief milking – Authority found applicant dismissed because initiative for ending employment came from respondent – Found no resignation – Found P mistakenly interpreted conversation with applicant disclosing pregnancy as resignation – Found applicant’s evidence about when would finish referred to when she would finish working and start parental leave, not about when intended to terminate employment – Found if applicant had wanted to resign would have done so in writing – Found established on balance of probabilities applicant dismissed – Found P’s advice to applicant that no longer employed was a sending away amounting to dismissal – Respondent conceded unaware of parental leave obligations or employee’s parental leave rights – Found respondent failed to comply with Parental Leave and Employment Protection Act 1987 – Dismissal unjustified – Remedies – Applicant entitled to $8,250 reimbursement of lost wages – Found evidence of hurt and humiliation merited average award – Found $5,500 compensation for humiliation appropriate – COSTS – Applicant legally aided – Half a day investigation meeting – Respondent ordered to pay applicant $1,500 contribution to actual costs – Dairy Farm Assistant |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s124;ERA s128(2);Parental Leave and Employment Protection Act 1987 s36;Parental Leave and Employment Protection Act 1987 s38 |
| Number of Pages | 11 |
| PDF File Link: | aa 465_10.pdf [pdf 29 KB] |