| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 33/04 |
| Hearing date | 9 Dec 2003 |
| Determination date | 26 March 2004 |
| Member | P Montgomery |
| Representation | R Davidson v T Robinson |
| Location | Christchurch |
| Parties | Westrupp v Mahi Ora Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Agreement by parties to proceed under s150 Employment Relations Act 2000 but applicant rescinded agreement - As part of applicant's position certain resources supplied and had access to other resources - Given computer with broken screen - New screen provided when respondent aware of defect - Respondent inadvertently failed to supply power cable but when aware suggested applicant purchase or otherwise obtain one - Heated exchange between applicant and supervisor - No objective evidence of physical or emotional harm - Evidence fell short of standards of proof in Walker v Northumberland County Council and Attorney General v Gilbert - Behaviour of respondent not reasonably considered grounds for applicant to repudiate employment agreement - Although applicant became upset and distressed symptoms and possible effects not fault of respondent - UNJUSTIFIED DISADVANTAGE - No evidence on which could find for applicant - Once respondent recognised difficulties in relation to applicant's situation attempted to define and address them - No one employed to take applicant's place when on leave but existing resource redeployed - BREACH OF CONTRACT - No breach arising from heated discussion between parties - Not accepted that respondent failed to provide applicant with safe working environment - Alleged breach of ERA by failing to provide schedule regarding assistance in event of personal grievance - Respondent remedied relatively minor breach on own initiative - COSTS - Applicant legally aided - If not legally aided would have awarded $2,500 plus disbursements in favour of respondent - Kaitiaki |
| Result | Application dismissed ; Orders accordingly |
| Statutes | ERA s150 |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31;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;Walker v Northumberland County Council [1995] 1 All ER 737;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 7 |
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