Bakers change position following parental leave complaint
08 Sep 06Ms Harcombe was employed by Bakers Delight (NZ) Limited as a Marketing Business Consultant. She took parental leave from 1 July 2005 until 3 July 2006. For the period of Ms Harcombe's absence Baker's Delight contracted another person to fill her position. That person left unexpectantly and before Ms Harcombe's return the company appointed a Ms McKinney to fill the position on a permanent basis. Bakers Delight offered Ms Harcombe the role of Business Consultant instead.
Ms Harcombe raised a complaint under the Parental Leave and Employment Protection Act on the grounds Baker's Delight failed to keep her position open. She made an urgent application to the Employment Relations Authority seeking reinstatement to the Marketing Business Consultant position.
The Authority directed the parties to attend mediation. Baker's Delight then advised that the problem arose due to a "misunderstanding in Australia" and Ms Harcombe could return to her original position on 3 July 2006. Despite this turnaround by the company the Authority ruled that Baker's Delight failed to act in good faith and was in breach of the Act. It ordered compensation of $3,000 be paid to Ms Harcombe.
Harcombe v Baker's Delight (NZ) Limited [AA 238/06, Dumbleton A, July 2006]
Ms Harcombe raised a complaint under the Parental Leave and Employment Protection Act on the grounds Baker's Delight failed to keep her position open. She made an urgent application to the Employment Relations Authority seeking reinstatement to the Marketing Business Consultant position.
The Authority directed the parties to attend mediation. Baker's Delight then advised that the problem arose due to a "misunderstanding in Australia" and Ms Harcombe could return to her original position on 3 July 2006. Despite this turnaround by the company the Authority ruled that Baker's Delight failed to act in good faith and was in breach of the Act. It ordered compensation of $3,000 be paid to Ms Harcombe.
Harcombe v Baker's Delight (NZ) Limited [AA 238/06, Dumbleton A, July 2006]
Source: Gareth Lewis
