| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 170/01 |
| Determination date | 29 October 2001 |
| Member | Y S Oldfield |
| Representation | C Bennett ; P Nevill |
| Location | Auckland |
| Parties | Morris v Tairawhiti Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspended immediately upon returning from sick leave - Department managers under applicant's management responsible for quality control - Applicant appointed quality control person to review practices after a department manager resigned - Quality control problems identified - Disciplinary procedures commenced against applicant alleging poor management - Whether respondent entitled to suspend - Absence of suspension provision in collective contract not absolute bar - Not allegations of serious misconduct - No risk to patient safety - Failure to fulfil natural justice obligations - Suspension not required and procedurally unfair - Suspension amounted to unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - No grounds for dismissal - Resigned at end of disciplinary process - Heavy workload due to short staffing - Inadequate supervision for applicant - Performance related allegations not question of misconduct - Entitled to support in developing appropriate systems - Entitled to appoint quality control adviser - Whether failure to supervise department manager amounted to negligence - Reliance on supervision of outside experts not negligence in circumstances - Whether constructive dismissal - Respondent failed to provide safe working environment - Applicant never communicated full extent of difficulties - Suspension not a sufficiently serious breach - Resignation premature - No constructive dismissal - Monies deducted from applicant's final pay for notice period not unlawful - Laboratory manager |
| Result | Application granted in part ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Statutes | ERA s122;ERA s160(3) |
| Number of Pages | 17 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |