| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/03 |
| Hearing date | 17 Mar 2003 |
| Determination date | 09 July 2003 |
| Member | Y S Oldfield |
| Representation | P Pa'u ; P Murphy |
| Location | Auckland |
| Parties | Tawhi v Tokoroa Central School Board of Trustees |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant applied for position as deputy principal but no appointment made - Applicant given undertaking by principal that her application would automatically be reconsidered when appointment reconsidered - Applicant not reconsidered for position - Position given to another person - Failure to be appointed to position not unjustified disadvantage - Unfair treatment in relation to promotion opportunities and unfair conduct amounted to unjustified disadvantage - Disadvantaged by lost opportunity to be considered for promotion and having lost trust and confidence in employer - Subsequent failure to address applicants concerns - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant still employed by respondent when lodged problem - No constructive dismissal since resignation 12 months after incident - Teacher |
| Result | Application granted (unjustified disadvantage) ; Application dismissed (Unjustified dismissal) Compensation for humiliation etc ($7,000)(unjustified disadvantage) ; Costs reserved |
| Statutes | State Sector Act 1988 |
| Cases Cited | NZ Airline Pilots Assn IUOW v Air NZ Ltd [1992] 3 ERNZ 73;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 |
| Number of Pages | 9 |
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