| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 67/05 |
| Hearing date | 23 Aug 2004 - 25 Aug 2004 (3 days) |
| Determination date | 12 May 2005 |
| Member | Y S Oldfield |
| Representation | G Jones ; V Donaghy |
| Location | Christchurch |
| Parties | Kingston v Gen-I Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant suffered from depression - In early 2002 had serious breakdown - Resigned in June 2003 - Alleged respondent failed to respond reasonably to his disclosure of depression and take all practicable steps - Nothing to indicate applicant's work by its very nature posed a risk to applicant's psychological well being - Doctors' reports that work was one factor that caused depressive episode were based on applicant's self reporting so not conclusive proof - Insufficient evidence that prior to 2002 applicant's job was even part of problem - Applicant's breakdown in 2002 put respondent on sufficient notice of general vulnerability to stress - Following applicant's extended sick leave respondent liaised with applicant's medical advisor regarding return to work - Permitted part-time work for a period - Gave additional and generous paid sick leave - Employed additional sales person to take over applicant's responsibilities to pursue new business - Made repeated offers of opportunity to consider alternative lower stress roles, which were declined - No breach associated with respondent's refusal to lower applicant's target as it did not increase his workload or reduce his remuneration - Respondent took all reasonably practical steps to manage risk to applicant's health - No unacceptable employment practices or breaches of employment agreement - No personal grievance - Sales director |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31;Barber v Somerset County Council [2004] 2 All ER 385;Brickell v Attorney-General [2000] 2 ERNZ 529;Cross v Highlands and Islands Enterprise [2001] IRLR 336;Meyer v Ports of Auckland Ltd unreported, Shaw J, 28 July 2004, AC 41/04;Nilson-Reid v Attorney-General unreported, Travis J, 7 March 2005, CC 4/05;Whelan v Attorney-General [2004] 2 ERNZ 554 |
| Number of Pages | 12 |
| PDF File Link: | ca 67_05.pdf [pdf 75 KB] |