| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 189/05 |
| Hearing date | 10 Feb 2005 |
| Determination date | 17 June 2005 |
| Member | K J Anderson |
| Representation | S Hood ; S Menzies |
| Location | Auckland |
| Parties | Blake v Canpac International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant initially employed on night shift - Developed medical problems and transferred temporarily to day shift - Union would not agree to permanent transfer so applicant transferred to afternoon shift - Applicant diagnosed with circadian rhythm disorder and doctor's advice that applicant work day shift - In discussion about health problems applicant revealed there had been two or three near misses" in workplace - Respondent concluded it was not safe for applicant to continue working with machinery until medical clearance obtained - After discussion about applicant's options, applicant resigned and received an extra week's pay - Authority not persuaded respondent's conduct amounted to breach of duty - Option of termination on medical grounds not put to applicant as fait accompli - Not pressured by respondent to resign - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Applicant alleged refusal to allow him to remain on day shift was an unjustified disadvantage - Grievance not raised within 90 day period - In any event Authority did not accept applicant's health would have been better had he remained on day shift - HEALTH AND SAFETY - Alleged breach of Health and Safety in Employment Act 1992 - Authority had limited jurisdiction - No evidence to support claim that respondent breached implied term to provide safe workplace - Machine operator" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114;HSE |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 |
| Number of Pages | 7 |
| PDF File Link: | aa 189_05.pdf [pdf 46 KB] |