| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 34/01 |
| Hearing date | 12 Jun 2001 - 20 Jul 2001 (4 days) |
| Determination date | 15 August 2001 |
| Member | N Taylor |
| Representation | SL Kaminski ; P Cullen, G O'Sullivan |
| Location | Christchurch |
| Parties | Daly v New Zealand Trade Development Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Extended sick leave - Letters of support from respondent - Phone call from human resources manager enquiring into her return to work - Warned that office was busy - Asked if she was going to resign - Suffered severe pain on return to work - Complained to manager that work was unreasonably piled on by supervisor - Telephone conference between parties - No effective exploration of further leave - Respondent slow to respond to Applicant's representative's suggestion of mediation - Applicant felt no option but to resign - Treated applicant in unreasonable manner by asking if she was going to resign - Dismissed her concerns about workload - Failure to clearly advise applicant of concerns with fitness to work - Actions destructive of obligation of fair dealing - Disadvantaged by unjustified actions - UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether causal connection between respondent's actions and resignation - Reason for resignation concerned with physical pain - Insufficient evidence that physical condition attributable to respondent's unreasonableness - No constructive dismissal - Recognition of respondent's support towards applicant during illness - Order that applicant's health details be suppressed - Secretary |
| Result | Application granted in part ; Compensation for humiliation etc ($10,000) ; Order for suppression of applicant's health details ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District 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;David v Employment Relations Authority [2001] ERNZ 354;Elston v State Services Commission (No 3) [1979] 1 NZLR 218;Haddon v Victoria University of Wellington [1995] 1 ERNZ 375;Hill v Water Resources Commission (1985) 14 IR 158 |
| Number of Pages | 13 |
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