| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 151 |
| Hearing date | 19 Apr & 13 May 2016 (2 days) |
| Determination date | 06 September 2016 |
| Member | H Doyle |
| Representation | J Goldstein, L Ryder ; P Shaw |
| Location | Christchurch |
| Parties | Thow v Canterbury District Health Board |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (“EA”) – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Behavioural support facilitator |
| Abstract | AUTHORITY FOUND –BREACH OF CONTRACT: Contents of policy and management system documents not part of EA. Not breach of contract for respondent to take into account applicant’s inability to undertake restraints. Restraints not minimal part of duties. Respondent not in breach of obligations by not allowing applicant to return to role without need to undertake restraints. Respondent not contractually obliged to offer light or alternative duties to applicant while applicant not medically cleared to undertake full requirements of normal role. Applicant treated differently to other staff in same medical situation but adequate explanation for disparity of treatment. No damages.PENALTY – GOOD FAITH: Respondent failed to be responsive and communicative with applicant but not satisfied breached intended to undermine employment relationship. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4A ; ERA s136 ; Health and Safety in Employment Act 1992 |
| Cases Cited | Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA) ; Cuttriss v Carter Holt Harvey Ltd [2007] ERNZ 233 (EmpC) ; French v Chief Executive of the Department of Corrections [2002] 1 ERNZ 325 (EmpC) ; Group Rentals NZ Ltd v Canterbury Clerical Workers IUOW [1987] NZILR 255 (AC) ; Jensen v Attorney-General [2003] 2 ERNZ 36 (EmpC) ; McAulay v Sonoco New Zealand Ltd [1998] 2 ERNZ 225 (EmpC) ; Ogilvy & Mather (NZ) Ltd v Turner [1996] 1 NZLR 641 (CA) ; Thow v Canterbury District Health Board [2015] NZERA Christchurch 156 |
| Number of Pages | 23 |
| PDF File Link: | 2016_NZERA_Christchurch_151.pdf [pdf 243 KB] |