| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 336/03 |
| Hearing date | 17 Jul 2003 - 18 Jul 2003 (2 days) |
| Determination date | 07 November 2003 |
| Member | R A Monaghan |
| Representation | B Tupara ; C Inglis |
| Location | Auckland |
| Parties | Koia v Chief Executive Officer of the Department for Courts |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether stress caused by breach of duty by respondent - Alleged lack of resources and restructuring created undue stress - Applicant worked significantly long hours - Insufficient evidence of lack of resources - Respondent satisfied with applicant's performance - Applicant placed too much pressure upon himself - Devoted unnecessary time to tasks - Informed by respondent to better utilise time and to take more hands off managerial approach - Appropriate to apply test by analysing volume, character, nature and circumstances of work - Applicant worked more hours than necessary - Encouraged to work only to required hours - Character and nature of work distinguishable from situation in Gilbert v Attorney General (cited below) and Brickell v Attorney General (cited below) - Applicant had high standards and paternalistic approach which significantly contributed to stress - Applicant failed to make respondent fully aware of concerns - Did not deploy own time and resources as practically as possible - No breach of duty - No constructive dismissal - Caseflow manager |
| Result | Application declined ; Costs reserved |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Brickell v Attorney-General [2000] 2 ERNZ 529;Gilbert v Attorney-General [2000] 1 ERNZ 332 |
| Number of Pages | 18 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |