| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 71 |
| Hearing date | 11 Mar 2015 |
| Determination date | 12 March 2015 |
| Member | TG Tetitaha |
| Representation | J Gundry (in person) ; G Bingham |
| Location | Auckland |
| Parties | Gundry v Bay of Plenty District Health Board |
| Summary | DISCRIMINATION - Applicant claimed discriminated against on grounds of religious belief - Alternatively applicant claimed unjustifiably disadvantaged by respondents actions and unjustifiably dismissed by respondent - Applicant sent multiple emails to manager containing spiritual commentary" - Applicant did not adhere to request to stop sending such emails, some of which included confidential patient information - Applicant met with Wellness Review Panel who recommended applicant undergo mental health assessment - Applicant stood down after assessment refused - Applicant did not attend further meeting of panel - No further work offered" |
| Abstract | AUTHORITY FOUND -DISCRIMINATION: Religious beliefs not material ingredient in respondent's decision to stand down applicant or to require applicant to undergo mental health assessment. Respondents actions due to concern for patient health and safety. Emails from applicant formed reasonable ground for concern. Evidence supported reference to panel. She remained employed at time of determination. No unjustified disadvantage or unjustified dismissal. No discrimination on grounds of religious belief. |
| Result | Application dismissed; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103;ERA s103(1)(c);ERA s103A;ERA s104;ERA s104(1)(a);ERA s105 |
| Cases Cited | McAlister v Air New Zealand Ltd [2009] NZSC 78, [2010] 1 NZLR 153 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_71.pdf [pdf 145 KB] |