| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222/03 |
| Hearing date | 25 Jun 2003 |
| Determination date | 24 July 2003 |
| Member | M Urlich |
| Representation | J Lawrie ; P Tremewan |
| Location | Auckland |
| Parties | Poinghouse v Aranui Home & Hospital Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant injured while helping patient - On ACC while off work - At meeting to discuss injury gave option of suspension until fit to return to work - Whether letter later sent to applicant confirming cessation" of employment confirmed suspension or dismissal - Letter of dismissal - Letter did not contain offer of redeployment upon fitness to return to work - Further meeting did not resolve issue - Respondent alleged employment ended because applicant would not agree to suspension - Letter of dismissal sent without prior notice and without opportunity to respond - Whether frustration of contract due to applicant's absence due to injury - To have relied on doctrine of frustration needed firm evidence of applicant's permanent incapacity or incapacity to such degree that root of contract destroyed - No firm evidence on which to determine applicant's incapacity - Could not rely on doctrine of frustration - Dismissal unjustified - Remedies - Claim for reimbursement of lost wages unsuccessful since loss consequence of receiving ACC not dismissal - $8,000 compensation awarded - No contributory conduct - Registered nurse" |
| Result | Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Cases Cited | Ballylaw Holdings Ltd v Kathleen Henderson [2003] 1 ERNZ 313;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 |
| Number of Pages | 7 |
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