| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 131/03 |
| Hearing date | 24 Sep 2003 - 25 Sep 2003 (2 days) |
| Determination date | 09 December 2003 |
| Member | H Doyle |
| Representation | MJ Thomas ; B Dorking |
| Location | Christchurch |
| Parties | Smith v Blue Mountain Lumber Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Off work with neck injury - Did not return to work after deemed fit to return because of alleged breaches of duty by respondent - Respondent alleged failed to report to work - Applicant alleged failure to provide safe workplace - Alleged failure to treat applicant with respect, sexual harassment, and failure to properly investigate and address accident - Alleged inadequacy of training - Other minor injuries suffered - Whether safe workplace to return to - Respondent took issues of health and safety seriously - Satisfied enquiry into incident and matter taken seriously - No breach of trust and confidence in way sexual harassment allegations dealt with - Some matters of relatively minor nature could have been considered breaches of duties by employer - Breaches not sufficiently serious - Clear applicant had job to return to - No constructive dismissal - Publication of name or details identifying employee spoken to with respect to harassment of applicant prohibited |
| Result | Application dismissed ; Costs reserved |
| Statutes | Injury Prevention Rehabilitation and Compensation Act 2001 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Mt Rex Shipping Ltd v Carr unreported, Travis J, 12 December 2001 (AC 81/01);Riverlands Eltham Ltd v Hoskin unreported, Goddard CJ, 25 September 2002 (WC 39/02) |
| Number of Pages | 12 |
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