| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 312/04 |
| Hearing date | 7 Sep 2004 |
| Determination date | 24 September 2004 |
| Member | D King |
| Representation | KA Muir ; P Tremewan |
| Location | Auckland |
| Parties | Tisch v Regional Health Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Relationship problems between applicant and consultant prompted aggressive email from manager - Applicant instructed to leave office after calmly explaining concerns about manager's email - Possibility of restructure raised by manager in subsequent meeting - Applicant instructed to take day off - Conciliatory email from applicant raised concerns about possible dismissal - Applicant resigned after another meeting in which manager failed to address issues raised in conciliatory email and instructed her to take further day off - Manager should have offered applicant opportunity to be represented if meetings intended to be disciplinary in nature - Failure to deal with concerns raised in conciliatory email breach of relationship of trust and confidence - Instructions to go home in absence of contractual provision for suspension amounted to three unlawful suspensions - Resignation reasonably foreseeable consequence of breaches - Unjustified constructive dismissal - UNJUSTIFIED DISADVANTAGE - Three unlawful suspensions deprived applicant of opportunity to work and caused emotional and physical harm - Unjustified disadvantage - REMEDIES - Appropriate to award more than minimum three months reimbursement of lost wages - Manager |
| Result | Applications granted ; Reimbursement of lost wages ($11,582.60)(5 months 10 days) ; Lost benefit ($3,500)(Motor vehicle) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |