| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 45/01 |
| Determination date | 21 September 2001 |
| Member | P Cheyne |
| Representation | R Chapman ; B Richardson |
| Location | Invercargill |
| Parties | Clemence v Southland Museum & Art Gallery Trust Board |
| Summary | UNJUSTIFIED DISMISSAL - Alleged conflict of interests - Contractual prohibition on unpaid work which was incompatible with, impaired or conflicted with respondent's interests - Implied duty of fidelity - Letter left on applicant's desk stating she should resign or step down from responsibilities with other organisation with competing policies - Respondent entitled to be concerned about conflict - Letter demonstrated predetermination - Ill will caused by letter prevented proper consultation - Respondent breached duty to behave fairly and reasonably - Applicant mitigated loss despite not choosing to resign and avoid dismissal - Mitigation concerned actions after grievance arose - Whether later discovered behaviour required no remedies for grievance - Later behaviour not egregious enough to have resulted in a justified dismissal - Remedies required - Refusal to acknowledge conflict contributed to dismissal - Contributory conduct of a third - Visitor centre manager |
| Result | Application granted ; Reimbursement of lost wages ($8,928 reduced to $5,900) ; Compensation for humiliation etc ($15,000 reduced to $10,000) ; Costs reserved |
| Statutes | ERA s252 |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133;Carlton and United Breweries (NZ) Pty Ltd v Bourke [1994] 2 ERNZ 1;Lowe v Tararua District Council [1994] 1 ERNZ 887;Matheson, being executrix of the estate of Mark Douglas Matheson v Transmissions & Diesels Ltd [2001] ERNZ 1;Meeuwsen v New Zealand Rail Ltd unreported, A Dumbleton, 16 August 1993, AT 212/93;Northern (except Gisborne) Butchers' etc IUOW v Peach & Vienna Foods Ltd [1982] ACJ 379;Ongley Wilson Real Estate Ltd t/a Manawatu First National v Burrows [1998] 3 ERNZ 759;Paykel Ltd v Ahlfeld [1993] 1 ERNZ 334;TISCO Ltd v Communication and Energy Workers Union [1993] 2 ERNZ 779;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 8 |
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