| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 112 |
| Hearing date | 20 May 2014 - 21 May 2014 (2 days) |
| Determination date | 30 July 2014 |
| Member | M B Loftus |
| Representation | J Kilkelly ; D Burton |
| Location | Dunedin |
| Parties | Johnston v Board of Trustees of Southern Regional Health School |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably disadvantaged by respondent's failure to address initial complaint against applicant with alacrity and unjustifiably disadvantaged by failures relating to second complaint and by way in which respondent continued to address relationship issues between applicant and complainant after complaint withdrawn - Applicant claimed unjustifiably dismissed by respondent - Applicant on stress leave for four months due to employment issues - Applicant dismissed after return to work agreed - ARREARS OF WAGES - Applicant sought arrears of wages - Sick leave for period applicant off work due to stress - Assistant Principal |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Relationship between complainant and applicant untenable. Disadvantage result of unjustified action of respondent. Not acting on complaint allowed bad situation to fester and deteriorate. Applicant unjustifiably disadvantaged by respondent's failure to address initial complaint against applicant with alacrity. Respondent's response to second complaint haphazard and uncoordinated but not unjustified. Although complaint withdrawn underlying concerns needed to be addressed and resolved. No unjustified disadvantage in relation to second complaint. Respondent's concerns about applicant's return not put to applicant. Respondent closed mind to applicant's return and dismissal preordained. Applicant not given opportunity to address decision makers. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,351 reimbursement of lost wages. $12,000 compensation appropriate.;ARREARS OF WAGES: No contractual entitlement to claimed amount. While medical certificate linked stress to employment issues it fell short of evidence required to hold respondent solely responsible for applicant's absence. Potential hazard existed and respondent obligated to continue its enquiries. Respondent could not allow applicant to return to unsafe workplace. Correspondence indicated some blame by not participating fully in attempts to resolve situation. No arrears of wages. |
| Result | Application granted (unjustified dismissal); Applications partially granted (unjustified disadvantage); Reimbursement of lost wages ($6,351.78); Compensation for humiliation etc ($12,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s103(1)(b);ERA s103A;ERA s124;ERA s128(2);Health and Safety in Employment Act 1992 |
| Cases Cited | Jinkinson v Oceania Gold (NZ) Ltd (No 2) [2010] NZEmpC 102;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_112.pdf [pdf 191 KB] |