Employer Discriminates Failing Accommodates

An employee whose religion required him to observe the Sabbath (in this case, from sunset Friday to sunset Saturday) was successful in the Human Rights Review Tribunal in his case of religious discrimination. He had obtained a job at AFFCO’s meatworks, being asked merely if he was available for overtime. In similar employment previously, overtime had been voluntary and the employee had been able to fit it around his Sabbath observance. So, when asked by AFFCO, he had merely answered in the affirmative.

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Employee Valid Trial Period Wins Disadvantage Claim 2

Ms Balmaceda was employed by Amphibian Swimming Academy Limited (the respondent) as a swimming instructor on 10 June 2013 until she was dismissed on 15 August 2013 pursuant to a 90 day trial provision in her employment agreement. Ms Balmaceda filed a personal grievance alleging unjustified action by the respondent which caused her disadvantage. The unjustified action was the refusal to pay her wages.

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