| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 67/03 |
| Hearing date | 23 Apr 2003 - 6 May 2003 (2 days) |
| Determination date | 08 May 2003 |
| Member | D Asher |
| Representation | D McLeod ; L Stewart |
| Location | Napier |
| Parties | Gardner v Serenity Trust Home |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged disclosure of confidential information - Alleged failure to address complaint about disclosure - Peer review - Matters of concern about applicant's work revealed to co-worker by manager - Respondent refused to discuss matter at meeting - Applicant refused to attend meeting if manager was present - Disclosure more appropriate as disadvantage claim - Applicant resigned pre-emptively - Matter could have been resolved by mediation before resignation - Other reasons contributed to resignation - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Disclosure of information - Information not completely confidential - Concerned health and safety problems - Manager should have sought permission from applicant before divulging information - Programme supervisor |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Statutes | ERA s3;ERA s65(2)(a)(vi);ERA s160(3);ERA Second Schedule cl10 |
| Cases Cited | Andersen v The Employment Tribunal [1992] 1 ERNZ 500;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Sky Network Television Ltd v Duncan [1998] 1 ERNZ 354;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 16 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |