| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 22/04 |
| Hearing date | 25 Nov 2003 - 12 Feb 2004 (4 days) |
| Determination date | 27 February 2004 |
| Member | A Dumbleton |
| Representation | B Buckett ; P Bartlett |
| Location | Wellington |
| Parties | Burns V Chief Executive, Legal Services Agency |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged breach of duty in raising concerns about performance and health - Manager received allegations that applicant had bulimia - Discussion about performance matters and whether any health issues affected work ability - Applicant offended by belief of attack on mental health - Reasonable not to disclose source of allegation - Reasonable step to implement formal performance objectives - Mentioning possible disciplinary action in association with performance improvement plan not intimidatory action - Applicant absent from work for 4 months for health related reasons - Reasonable and lawful in first asking and later requiring applicant to be examined by Occupational Health Specialist - Problems with co-worker outside work - Disadvantaged but not as a result of any unjustified action or conduct of employer - UNJUSTIFIED DISMISSAL - Termination did not occur at initiative of respondent - Resigned not dismissed - No repudiatory conduct to entitle applicant to view termination a dismissal - No personal grievance |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s236;HSE s19 |
| Cases Cited | Harris v Chief Executive, Department of Corrections [2000] ERNZ 544;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 15 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |