Employee disadvantaged in her employment after not being considered for a fixed term parental leave position…

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.