| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 43/03 |
| Hearing date | 13 Mar 2003 - 14 Mar 2003 (2 days) |
| Determination date | 30 April 2003 |
| Member | H Doyle |
| Representation | L Highfield ; PD Zwart |
| Location | Christchurch |
| Parties | Matthews v IHC Incorporated |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged failure to provide safe working environment - Alleged unjustified unilateral transfer - Complaints by client's parents - Parents rude and abusive to staff including applicant - Meetings held to address complaints - Manager divulged applicant's decision to withdraw from shift to avoid contact with parents - Threats made about applicant - Meeting held where parents in attendance without applicant's prior knowledge - Applicant transferred to another work site - Unfortunate error to divulge information about applicant - Error did not result in unjustified action - Failure to give prior notice of parents attendance at meeting was mistake - Meeting not directed at applicant - Not unjustified action - Unilateral transfer amounted unjustified action - Lack of consultation - Disadvantage claim established - Non-publication order - Order prohibiting publication of identity of clients and their families - IHC community service worker |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA Second Schedule cl10(1) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Auckland City Council v Hennessey [1982] ACJ 699;BP Oil NZ Ltd v Northern Distributions Workers Union [1989] 3 NZILR 580;Chief Executive, Department of Corrections v Harris [2001] ERNZ 426 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |