| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 54 |
| Hearing date | 23-Feb-16 |
| Determination date | 24 February 2016 |
| Member | Rachel Larmer |
| Representation | G Macdonald ; J Manoa, N Farrell |
| Location | Auckland |
| Parties | Leota v Chief Executive of the Ministry of Social Development |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breaches of collective employment agreement (“CEA”) and duty of confidentiality – Whether respondent had contractual right to withdraw paid sick leave – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Youth worker |
| Abstract | AUTHORITY FOUND -;BREACH OF CONTRACT: Respondent had contractual right under CEA to decide to withdraw paid sick leave. Respondent complied with requirements of clause under CEA by consulting with applicant. Respondent’s decision to withdraw sick leave substantively and procedurally justified. Reasonable and appropriate for respondent to share information about applicant. Respondent had obligation to ensure applicant healthy at work. No breach of contract.;PENALTY – GOOD FAITH: Respondent met good faith obligations towards applicant. Applicant provided with information about concerns, and reasonable opportunity to comment. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4(1)(a);ERA s103A(3) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_54.pdf [pdf 223 KB] |