| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 77A/03 |
| Hearing date | 23 July 2003 |
| Determination date | 19 September 2003 |
| Member | H Doyle |
| Representation | P Lawson ; S Knowles |
| Location | Christchurch |
| Parties | Cooper v Dunedin City Council |
| Summary | UNJUSTIFIED DISADVANTAGE - Respondent put out press release when applicant resigned explaining resignation - Asked to wait until press release before telling industry contacts - Open to fair and reasonable employer to make such request - No unjustified action causing disadvantage - Press release stated applicant resigned to be close to partner - Applicant did not see press release before printed and did not give consent - Unhappy personal information printed - Respondent recognised should not have released information without applicant's consent - Unauthorised release of personal information breach of implied terms of employment with respect to trust, confidence and fair dealing - Unjustified action - Arrangement made where applicant paid in lieu of notice - Not satisfied effects of breach on applicant sufficiently related to employment to effect employment to applicant's disadvantage - Application dismissed - Business development officer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s27;Labour Relations Act 1987 s210 |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v NZ Amalgamated Engineering etc IUOW [1989] 3 NZILR 785;Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Auckland City Council v Hennessey [1982] ACJ 699;BP Oil NZ Ltd v Northern Distributions Workers Union [1989] 3 NZILR 580;L v M [1994] 1 ERNZ 123;Matthes v NZ Post Ltd [1994] 1 ERNZ 994;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |