| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 231/03 |
| Hearing date | 22 Jul 2003 |
| Determination date | 29 July 2003 |
| Member | Y S Oldfield |
| Representation | R Teirney ; P Swarbrick |
| Location | Auckland |
| Parties | Jordan v IHC Northern Vocational Services |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether breach of implied term not to damage relationship of trust and confidence - Whether breach of duty to provide safe workplace - Not necessary to show intention to repudiate agreement - Resigned due to transfer of violent client to applicant's facility - 5 female workers to 44 clients at facility - No back up available for staff on site - Informed respondent of concerns - No adequate systems to manage risks posed by client's behaviour - Breach of duty to provide safe workplace - Constructive dismissal - Remedies - Failure to mitigate loss - Award of 3 months lost wages not merited - Community services worker |
| Result | Application granted ; Reimbursement of lost wages ($2,024)(4 weeks) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 11 |
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