| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 296 |
| Hearing date | 6 Apr 2011 |
| Determination date | 08 July 2011 |
| Member | V Campbell |
| Representation | D Vinnicombe ; R Parmenter |
| Location | Auckland |
| Parties | Liu v Winlaw Ltd t/a Winston Wang & Associates |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal - Parties agreed if applicant became pregnant employment would end on date gave birth – No written employment agreement – Applicant told respondent was ill and doctor had recommended should only work part-time – Respondent denied told applicant employment ended immediately and claimed parties agreed should look for replacement – Respondent provided supporting evidence placed advertisement for applicant’s position same day – Authority found likely applicant agreed respondent could find permanent replacement - Respondent told applicant no part-time position available - Found applicant resigned from position and no unjustified dismissal - UNJUSTIFIED DISADVANTAGE – Discrimination - Applicant claimed discriminated against by agreement employment would end on date gave birth – Found likely applicant offered employment on basis parties were friends and applicant agreed employment would end if became pregnant – Found applicant not discriminated against - Applicant claimed disadvantaged as ineligible for parental leave – Found applicant resigned and claim for disadvantage not established - GOOD FAITH – Found no breach of good faith by either party – PENALTY – Applicant sought penalty against respondent for failure to provide written employment agreement – Found respondent’s breach deliberate, serious and sustained - $2,000 penalty appropriate – Noted breach preceded legislation amendment - Junior Lawyer |
| Result | Application granted (penalty) ; Penalty($2,000)(Payable to Crown) ; Applications dismissed (unjustified dismissal) (unjustified disadvantage) (good faith) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s63A;ERA s63A(3);ERA s65;ERA s103;ERA s104;ERA s105 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_296.pdf [pdf 27 KB] |