| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 29/01 |
| Determination date | 12 July 2001 |
| Member | P Cheyne |
| Representation | TJ Twomey ; PD Zwart |
| Location | Christchurch |
| Parties | Al Kahaiat v Canterbury Health Ltd t/a Healthlink South |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Employment agreement was dependent upon applicant being a registered psychiatrist - Registration depended upon reports from supervisors - Critical reports sent to the NZ Medical Council - Council determined applicant did not have requisite medical skills - Registration cancelled - Employment agreement allegedly frustrated - Fair and reasonable employer would have consulted applicant about reports sent to Council - Doctrine of frustration narrowly applied to employment relationships - No frustration of contract - Collective employment contract permitted termination of contract by notice - Dismissal unjustified as not in accordance with contractual termination provision - Psychiatrist |
| Result | Application granted ; Reimbursement of lost wages (3 months)(In lieu of notice) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Karelrybflot v Udovenko [2000] 2 NZLR 24 |
| Number of Pages | 5 |
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