| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 130/03 |
| Hearing date | 3 Sep 2003 - 4 Sep 2003 (2 days) |
| Determination date | 05 December 2003 |
| Member | P Montgomery |
| Representation | D Erickson ; A Martin |
| Location | Christchurch |
| Parties | Nilson-Reid v Attorney-General in respect of the Director of the Department of Conservation |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged resigned due to workplace stress caused by excessive workload - Whether respondent failed to take appropriate steps to address stress - Busy period of year increased workload - Objectively workload not excessive - Respondent took steps to alleviate stress by reducing projects undertaken - Applicant failed to inform respondent of health problems - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Alleged unnecessary criticism and persecution - Potential conflict of interest issues raised by applicant - Applicant's husband established business related to respondent's industry - Respondent's response was to instruct other employees to observe applicant's behaviour - Failure to take open and transparent approach amounted to breach of duty to applicant - Failure to allow applicant to visit counsellor also amounted to breach - Unjustified disadvantage established |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |