| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 16/03 |
| Hearing date | 24 June 2002 - 25 Sep 2002 (4 days) |
| Determination date | 16 January 2003 |
| Member | R A Monaghan |
| Representation | P Pa'u ; C Chilwell |
| Location | Auckland |
| Parties | Healey v Mercury Bay Area School Board of Trustees |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Problems identifying job boundaries - New position - No lack of clarity in job description - Applicant alleged unfair or insensitive treatment - No evidence of unfair treatment - Applicant alleged unsafe workplace - Belief of physical threats unfounded - Concerns about applicant's competency - Disciplinary procedure - Applicant on sick leave then resigned - Alleged breach of disciplinary provisions in contract - Matter did not proceed beyond preliminary investigation so premature to argue breach of clause was material to resignation - Dysfunctional working relationship caused by communication difficulties rather than breach of contract - Support mechanisms were available - No constructive dismissal - School counsellor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 |
| Number of Pages | 11 |
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