| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 34/04 |
| Hearing date | 31 Oct 2003 |
| Determination date | 22 January 2004 |
| Member | K J Anderson |
| Representation | A McKay ; E Hudson |
| Location | Auckland |
| Parties | Rose v Kathleen B Orr Psychologist Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Family commitments and associated stress - Required to take day off work to be at hospital with mother - Alleged aggressive approach by respondent - Offered to resigned - Confirmed resignation when asked - Should have taken less aggressive approach given applicant's mental state - Failed to allow applicant to leave workplace to consider future before accepting resignation - Respondent experienced clinical psychologist - Reasonably foreseeable substantial likelihood would resign - Constructive dismissal - Dismissal unjustified - Remedies - Consistent failure by applicant to accept workplace accountability - Contribution 40% - Practice Manager |
| Result | Application granted ; Reimbursement of lost wages ($6,328.75 reduced to $3,797.25)(3 months) ; Compensation for humiliation etc ($6,000 reduced to $3,600) ; Costs reserved |
| Statutes | ERA s123(b);ERA s124;ERA s128(2);ERA s128(3) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Compass Union of NZ Inc v Carlton & United Breweries (NZ) Pty Ltd [1992] 1 ERNZ 1;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |