| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 89/05 |
| Hearing date | 1 Jun 2005 - 2 Jun 2005 (2 days) |
| Determination date | 27 June 2005 |
| Member | P Cheyne |
| Representation | R Oldham ; A Martin |
| Location | Christchurch |
| Parties | Amini-Tu'inukuafe v Work & Income, a division of the Ministry of Social Development |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant seconded to different city for five consecutive periods of varying lengths - Critical of respondent’s failure to meet all costs associated with secondments - Respondent met all obligations provided for in secondment agreements - Not open to applicant to later resile from agreements when apparently happy at time - Withdrawal of alternative secondment offer during third secondment legitimate change due to budget projections - No basis to allegation that service centre manager developed animosity towards applicant and threatened her - Applicant applied for permanent position with respondent - Decision to appoint other job applicants to permanent positions in favour of applicant open to respondent - No bias by service centre manager - In any case no jurisdiction to enquire into appointment process by way of personal grievance - No valid basis for applicant’s concern that difficulties obtaining permanent position in city where secondments located and animosity from service centre manager would affect respondent’s treatment of her upon return to original permanent position - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Following secondments and failure to obtain permanent position in location of secondments applicant agreed to return to original position - Obtained position with another employer based in desired city and resigned prior to return to original position - True source of termination of employment was permanent settlement of applicant’s family in city where secondments located and hopes of obtaining another position there outside respondent - No breach of duty by respondent relating to secondments, recruitments, or review of appointments sufficient to make resignation reasonably foreseeable - No constructive dismissal - BREACH OF CONTRACT - No breach of employment agreement, duty of good faith, or implied obligation of fair and reasonable treatment - Order prohibiting publication of certain evidence relating to applicant’s medical history - Public servant |
| Result | Applications dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s174;State Sector Act 1988 s60;State Sector Act 1988 s61 |
| Cases Cited | Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 ; [1996] 2 NZLR 409;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 |
| Number of Pages | 8 |
| PDF File Link: | ca 89_05.pdf [pdf 38 KB] |