| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 284/04 |
| Hearing date | 26 Feb 2004 - 2 Apr 2004 (3 days) |
| Determination date | 07 September 2004 |
| Member | L Robinson |
| Representation | M Beech, M Dean ; R Harrison |
| Location | Auckland |
| Parties | Callaghan v Poutiri Charitable Trust Inc |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal justified - Alleged breach of obligation of trust and confidence - Respondent subcontracted with provider K" to deliver health care services - Applicant did not initially disclose to respondent she was board member of K - Applicant's sister and whangai son also board members of K - Altercation between sister and son leading to sister raising personal grievance with K - Respondent asked applicant to assist in resolving personal grievance but applicant was reluctant - Applicant intimately involved with issue as board member of K - Alleged breakdown in staff relationships, inappropriate comments, misleading conduct, conduct undermining respondent - Summarily dismissed - Cases of incompatibility justifying dismissal rare - Appropriate for respondent to seek applicant's assistance in dealing with personal grievance - Respondent entitled to conclude applicant had acted in conflict of interest and contrary to duty of fidelity - Applicant made declaration that there was no longer a working relationship - Such a declaration a rare occurrence - Other matters would also not have instilled continuing confidence - Respondent reasonably entitled to conclude relationship irreparable - State of disharmony attributable wholly or substantially to applicant - Dismissal justified - Chief Executive Officer" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Glass v The National Bank of New Zealand Ltd unreported, Travis J, 29 September 2003, AC 53/03;Mabry v West Auckland Living Skills Homes Trust Board Inc unreported, Travis J `9 December 2001, AC 86/01;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ Fire Service Commission v Reid [1998] 2 ERNZ 250;Wellington Road Transport Union of Workers v Fletcher Constructions Co Limited [1982] ACJ 663;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 13 |
| PDF File Link: | aa 284_04.pdf [pdf 1.6 MB] |