| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 2/04 |
| Hearing date | 28 Aug 2003 - 23 Oct 2003 (3 days) |
| Determination date | 06 January 2004 |
| Member | J Scott |
| Representation | A Russell ; P Teei |
| Location | Auckland |
| Parties | Douthett v West Auckland Pacific Island Fono Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - Workplace stress - Alleged failure to provide sufficient resources - Unilateral reduction in duties - Alleged removal of responsibility for tasks - Whether respondent failed to implement terms of previously mediated settlement - Alleged unfair and excessive criticism - Responsibilities removed were rightfully within ambit of respondent's board - Applicant chose to work longer than normal hours - No breach of duty to maintain safe workplace - Applicant's depressive illnesses possibly not solely related to work - Terms of settlement implemented or were being implemented - No breach of settlement terms and conditions - No evidence of prior dissatisfaction with settlement implementation - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Dismissed after ongoing absence due to depressive illness - Applicant's psychiatrist failed to respond to request for information on prognosis - Respondent failed to discuss matter with applicant - Dismissal unjustified - Remedies - No lost wages as applicant unable to work after illness occurred - Failure to respond to request to provide prognosis information amounted to contributory conduct - Manager |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Compensation for humiliation etc ($12,000 reduced to $8,000) ; Costs reserved |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Benge v Attorney-General [2000] 2 ERNZ 234;Brickell v Attorney-General [2000] 2 ERNZ 529;Commissioner of Police v Cartwright [2000] 2 ERNZ 106 ; [2001] 1 NZLR 265;Edmonds v Attorney-General for New Zealand [1998] 1 ERNZ 1;French v Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Gilbert v Attorney-General [2000] 1 ERNZ 332 |
| Number of Pages | 21 |
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