| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 117 |
| Hearing date | 21 Feb 2017 to 23 Feb 2017 (Queenstown) and 20 Jun 2017 to 21 Jun 2017 (Dunedin) (5 days) |
| Determination date | 06 July 2017 |
| Member | D Appleton |
| Representation | T Castle ; J Copeland, J Frame |
| Location | Queenstown & Dunedin |
| Parties | Crush v Southern District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by preliminary investigation into colleague’s (“X”) conduct –– Nurse |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Order for non-publication of identifying details of X and patient. Applicant failed to raise grievances about final outcome of preliminary investigation or result of other investigation with sufficient specificity. Grievances not raised within 90 days.;UNJUSTIFIED DISADVANTAGE: Respondent failed to interview X before rejecting applicant’s claims, which also breached harassment policy. Respondent failed to link X’s complaint about applicant to her allegations of harassment. Respondent failed to interview other key witness about X’s solicitation of complaints. Applicant unjustifiably disadvantaged by flaws in process taken by applicant. REMEDIES: No contributory conduct. $6,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($6,000) ; Application dismissed (raising personal grievance) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s102 ; ERA s103A ; ERA s114 ; ERA s114(3) ; ERA s124 ; ERA s161 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Crush v Southern District Health Board [2016] NZERA Christchurch 126;Dorset v Chemcolour Industries (NZ) Ltd ERA Auckland AA117/04, 8 April 2004;McIvor v Saad [2015] NZEmpC 145;Twentyman v The Warehouse Ltd [2016] NZEmpC 172 |
| Number of Pages | 37 |
| PDF File Link: | 2017_NZERA_Christchurch_117.pdf [pdf 392 KB] |