| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 249 |
| Hearing date | 10-11 Dec 2012;13 Dec 2012;19 Dec 2012 |
| Determination date | 12 June 2013 |
| Member | J Crichton |
| Representation | M Wilson ; P White |
| Location | Hamilton |
| Parties | Cronin-Lampe and Anor v Board of Trustees of Melville High School |
| Other Parties | Cronin-Lampe |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by respondent’s failure to provide safe workplace, breach of obligations under Health and Safety in Employment Act 1992 and causation of significant emotional distress –Applicants sought to rely on events outside 90 day period – Significant number of deaths during earlier years of employment – Student suicides – Whether earlier events within justiciable period – Request for professional development training declined – Applicants not granted leave to attend conference – Interpersonal conflicts – Applicants claimed suffered from post-traumatic stress disorder – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of cost of artwork materials – Guidance-counsellors |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicants did not put school on notice about health or difficulty coping until personal grievances raised. No similarity between events in early part of applicants’ employment and later events. Earlier events causing applicants’ ill-health not part of continuous course of related conduct. Denial of conference leave not unjustifiable. Respondent complied with policies in trying to resolve conflicts. Applicants disinclined to engage restoratively with colleague. Not enough to ground personal grievance. Respondent not able to rely on bar in Accident Compensation Act 2001. No unjustified disadvantage.;COUNTERCLAIM – RECOVERY OF MONIES: No recovery of monies. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Accident Compensation Act 2001;Accident Compensation Act 2001 s21B;Accident Compensation Act 2001 s21B(1)(b);Accident Compensation Act 2001 s21B(7);Accident Compensation Act 2001 s317;ERA s114(1);ERA s160(3);Health and Safety in Employment Act 1992 |
| Cases Cited | Cronin-Lampe v Board of Trustees Melville High School [2013] NZERA Auckland 162;Premier Events Group Ltd v Beattie (No 3) [2012] ERNZ 257 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_249.pdf [pdf 175 KB] |