An employee working as an HR coordinator
resigned after she applied, unsuccessfully, for a fixed term parental leave
position as an HR Advisor. The employer did not consider or respond to her
request after having already decided that she was unsuitable for the role
during the company’s restructure.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified disadvantage.
The ERA held that the employer failed to
act as a fair and reasonable employer could in all of the circumstances by
refusing to consider her request for the temporary role.
The ERA found that the employer had
breached its good faith obligations, and noted that while the employer did not
consider the employee to be a suitable applicant, the employer still needed to
discuss the situation with the employee, and allow the employee an opportunity
to respond to their decision.
The ERA awarded the employee $3,000
compensation for humiliation, loss of dignity and injury to feelings.
Alan Knowsley
Employment Lawyer
Wellington
No comments:
Post a Comment