| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 58A/02 |
| Hearing date | 20 Jun 2002 - 21 Jun 2002 (2 days) |
| Determination date | 02 August 2002 |
| Member | N Taylor |
| Representation | C na Nagara ; D Kilpatrick |
| Location | Christchurch |
| Parties | Ross v Waimakariri District Council |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged misrepresentation of qualifications - Alleged failure to divulge medical condition - Qualifications attained not formally conferred due to administrative error - Respondent erroneously ignored explanation - Applicant suffered moderate dyslexia - Dyslexia not medical condition - No duty to divulge - Dismissal substantively unjustified - UNJUSTIFIED DISADVANTAGE - Suspension - Discrimination - Suspension procedurally and substantively unjustified - Alleged discrimination for dyslexia disability - Disability not primary reason for disciplinary action - No discrimination - Disadvantage claim established - Asset engineer |
| Result | Application granted ; Reimbursement of lost wages ($3,769.23) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Ruffell v Women's Refuge Sexual Assault Resource Centre Marlborough Inc [2002]1 ERNZ 409;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;Trilford v Car Haulaways Ltd [1996] 2 ERNZ 351 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |