| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 145/05 |
| Hearing date | 1 Sep 2005 |
| Determination date | 07 November 2005 |
| Member | P Montgomery |
| Representation | M Kirkland ; ADM Gallagher |
| Location | Christchurch |
| Parties | Hann v Silbury Home Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - No written employment agreement - On applicant's fifth shift at work she was offered opportunity to assist with administering routine medication - Process demonstrated and supervised - On sixth shift at work respondent told applicant she was to take charge for a few hours - Applicant believed she was in sole charge and became distraught - Resigned after shift - At heart of matter was whether applicant clearly and unequivocally stated to respondent that concern about administering medication was sufficiently serious to bring about her resignation - Training given to applicant consistent with approved practices - Applicant signalled concerns over dispensing medication but did not make it plain to respondent that she was so dissatisfied with training she intended to resign - No breach of contractual term by respondent - Not left in sole charge as applicant misunderstood situation - No unjustified disadvantage or constructive dismissal - Rest home worker |
| Result | Application dismissed ; Costs reserved |
| Statutes | Health and Disability Services (Safety) Act 2001 |
| Number of Pages | 4 |
| PDF File Link: | ca 145_05.pdf [pdf 26 KB] |