| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 388 |
| Hearing date | 20 - 23 Oct 2015 (4 days) |
| Determination date | 09 December 2015 |
| Member | Eleanor Robinson |
| Representation | C Stewart ; D MacKinnon |
| Location | Whangarei |
| Parties | Nager v Northland Regional Council |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by actions constituting bullying, harassment and breach of good faith – Applicant claimed unjustifiably dismissed by respondent – Work injury affecting applicant’s ability to do job – Environmental monitoring officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Individual unjustified disadvantage claims subsumed into bullying and harassment claim. Respondent acted fairly and reasonably, in unique and difficult situation with sensitivity. Respondent did not bully or harass applicant. No unjustified disadvantage. Respondent had substantial justification for applicant’s termination of employment due to medical incapacity. Applicant refused to accommodate important meeting with respondent. Applicant failed to be responsive and communicative. Respondent carried out fair procedure. Dismissal justified. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103(1)(b);ERS s103A(3);ERA s114;ERA s174 |
| Cases Cited | Davis v Commissioner of Police [2013] NZEmpC 226;Ale v Kids at Home Ltd [2015] NZEmpC 209;Chief Executive of Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC);Hoskin v Coastal Fishing Supplies Ltd [1985] ACJ 124 (AC);Canterbury Clerical Workers IUOW v Andrews and Beaven Ltd [1983] ACJ 875 (AC);Lang v Eagle Airways Ltd [1996] 1 ERNZ 574 (CA) |
| Number of Pages | 43 |
| PDF File Link: | 2015_NZERA_Auckland_388.pdf [pdf 489 KB] |