| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 192 |
| Hearing date | 10 May 2017 - 30 Jun 2017 (2 days) |
| Determination date | 09 November 2017 |
| Member | A Dallas |
| Representation | MJ Thomas, A Boock ; J Copeland, J Frame |
| Location | Invercargill |
| Parties | Lewis v Southern District Health Board |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s process leading to and outcome of draft preliminary investigation report – Staff Nurse and Duly Authorised Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Respondent’s inquiries in regard to applicant’s medical certificate did not disadvantage applicant. Grievance premature and unsupported. No decisions in preliminary report capable of disadvantaging applicant. No unjustified disadvantage. Not reasonably foreseeable that respondent’s actions would present a substantial risk that applicant would resign. No constructive dismissal. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174C(3)(b);ERA s174C(4);ERA s174E |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers Industrial Union of Workers [1994] 1 ERNZ 168 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Fagotti v Acme & Co Ltd [2015] NZEmpC 135;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Wellington Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Christchurch_192.pdf [pdf 252 KB] |