| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 50 |
| Hearing date | 7- Feb-18 – 8-Feb-18 |
| Determination date | 16 February 2018 |
| Member | E Robinson |
| Representation | B Hayes ; R Gibson |
| Location | Auckland |
| Parties | O'Flaherty v Landseer Investments Auckland Ltd t/a Andrew Simms Newmarket |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondents failure to provide him with a safe workplace – Leading Hand |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISADVANTAGE: Applicant did not sufficiently inform respondent of impact on his mental health from training a new employee who suffered from Asperger’s syndrome. Applicant did not mention to respondent that he had suffered from a previous mental burn out at commencement of employment. Evidence only suggested that applicant was frustrated with new employee and not mentally exhausted. No unjustified disadvantage. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10 Health and Safety at Work Act 2015 s45 Health and Safety at Work Act 2015 s36 |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31(CA) Auckland Electrical Power Board v Auckland Provisional District Local Authority Officers Industrial Union of Workers (Inc) [1994] 2 NZLR 415 Gilbert v Attorney-General [2000] 1 ERNZ 332 (EmpC) Nilson-Reid v Attorney-General [2005] ERNZ 951 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2018_NZERA_Auckland_50.pdf [pdf 298 KB] |