| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 479/10 |
| Hearing date | 16 Jul 2010 |
| Determination date | 12 November 2010 |
| Member | J Wilson |
| Representation | N Reuben ; P Kiely |
| Location | Paihia |
| Parties | Reuben v Radius Residential Healthcare Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant advised resident complained about applicant’s behaviour – Respondent required explanation in writing but applicant did not respond as informed by another caregiver complaint withdrawn – Applicant did not attempt to contact respondent to enquire what happened – Authority found respondent should have followed up complaint in person – Found respondent’s failure to communicate caused undue stress on applicant – Found oversight unjustified – Found lack of enquiry by applicant must impact on financial remedies – Applicant asked to return to work following bereavement leave while on rostered days off – Applicant declined request – Found request to return to work not unreasonable as short staffed – Found applicant entitled to decline request – Found no disadvantage – Roster changed and hours reduced – Applicant resigned – Respondent provided apology letter for misunderstanding regarding roster changes – Found applicant entitled to proper consultation about rostered hours – Found failure to consult caused unnecessary anxiety and stress – Unjustified disadvantage – Applicant claimed discriminated against because of union membership – Found respondent supportive of union role – Found no discrimination – Applicant claimed redundancy compensation – Found applicant not redundant – REMEDIES – 50 percent contributory conduct – $1,000 compensation appropriate – Caregiver |
| Result | Application granted ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s124 |
| Number of Pages | 10 |
| PDF File Link: | aa 479_10.pdf [pdf 34 KB] |