| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 366/02 |
| Hearing date | 2 Dec 2002 - 5 Dec 2002 (2 days) |
| Determination date | 23 December 2002 |
| Member | J Scott |
| Representation | A Fitzgibbon ; A Drake |
| Location | Auckland |
| Parties | Rasmussen v Auckland District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unjustified demotion forced resignation - Incident between co-worker and consultant - Matter did not proceed to formal complaint - Applicant chose to raise matter to all staff via individual letter - Claimed had cleared letter with human resources department - Complaints made by consultants about letter - Disciplinary meetings concluded actions amounted to serious misconduct - No evidence applicant had permission to send letter - Had not consulted with manager - Had agreed matter was to be dealt with internally - Actions inappropriate for person in applicant's position - Demotion justified - No constructive dismissal - PRACTICE AND PROCEDURE - Non-publication orders - Publication of identity of consultant, co-worker and patient prohibited - Charge nurse |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 17 |
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