| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40/04 |
| Hearing date | 28 Jan 2004 - 29 Jan 2004 (2 days) |
| Determination date | 05 April 2004 |
| Member | P Cheyne |
| Representation | R Davidson ; R Gibson |
| Location | Christchurch |
| Parties | Clunie v Prison Inmates' Loved ones Linked As one to Renew Strength (Pillars) |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal – Issues over adequacy of clinical supervision - One of applicant's clients in prison said intended to commit suicide and later attempted to do so - Stress leave – Issues over leave taken including request for medical certificate - Applicant resigned after returned to work and heard co-worker had been given warning by respondent and resigned - Resignation after respondent changed policy regarding supervision - No serious breach of duty - No constructive dismissal – BREACH OF CONTRACT - Alleged breach of implied term as to trust, confidence and fair dealing - Issue of supervision and leave - Alleged failure to remedy work environment becoming dysfunctional - Overlap with grounds advanced for personal grievances - No breach of contract by respondent – Claim for exemplary damages dismissed – UNJUSTIFIED DISADVANTAGE - Based on breach of implied term not to expose applicant to physical or psychological injury -Whether raised within time - No disadvantage from way leave handled - Certain memo given to applicant not disadvantage - Established grounds for unjustified disadvantage because decision made that applicant not allowed to work out notice period – Compensation for humiliation of $1,000 awarded for unjustified disadvantage |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Statutes | ERA s161(1)(b);ERA s161(1)(r);ERA s161(3);ERA s162 |
| Cases Cited | Air NZ Ltd v Raddock [1999] 1 ERNZ 30; [1999] 2 NZLR 641 (CA);Attorney-General v Gilbert [2002] 1 ERNZ 31;Brickell v Attorney-General [2000] 2 ERNZ 529;Cain v Turners and Growers Fresh Ltd [1998] 3 ERNZ 314;French v The Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Morritt v Jespersen [1998] 3 ERNZ 1;Ogilvy & Mather (NZ) Ltd v Turner [1993] 2 ERNZ 799 (CA) |
| Number of Pages | 13 |
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