| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 33/01 |
| Determination date | 01 August 2001 |
| Member | P Cheyne |
| Representation | AW Robinson ; K O'Rourke |
| Location | Christchurch |
| Parties | Bader v Board of Trustees of Kaikoura High School |
| Summary | UNJUSTIFIED DISADVANTAGE - Employed by respondent to install server - Also in relationship with principal's daughter - During board meeting report given on progress of new server - Question whether applicant going out with principal's daughter put to respondent but objected to - Journalist at meeting wrote two newspaper articles on possible conflict of interest - Articles wrongly implicated applicant - After discussion with applicant respondent's chairperson decided not to respond so as to avoid publicity - Whether employee or independent contractor - Arrangement was for employment - Required to be good employer - Chairperson conducted meeting appropriately - Respondent not responsible for articles - Obliged to consider whether to respond to articles if applicant requested - Respondent acted in good faith - Computer technician |
| Result | Application dismissed ; Costs reserved |
| Statutes | Local Government Official Information and Meetings Act 1987 s48;Local Government Official Information and Meetings Act 1987 s49(a);Local Government Official Information and Meetings Act 1987 s53;State Sector Act 1988 s77A |
| Cases Cited | Creser v Tourist Hotel Corporation of NZ [1989] 2 NZILR 397;Whelan v Waitaki Meats Ltd (1990) ERNZ Sel Cas 960; [1991] 2 NZLR 74 |
| Number of Pages | 6 |
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